Terms and Conditions
TERMS AND CONDITIONS APPLICABLE TO THE USE OF HTTPS://CLIENT.DEBEERSGROUPSERVICES.COM (THE "TERMS AND CONDITIONS")
In these Terms and Conditions:
"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 Industry Services", "company" "we", "us" and/or "our" means IIDGR (UK) Limited trading as De Beers Group Industry Services a company incorporated and registered in England and Wales under company number 08597754 and whose registered office is at 17 Charterhouse Street, London, EC1N 6RA, UK, and with VAT number GB243565264.
"User", "you" and/or "your" means any person who uses our Site.
1.1 Please read these Terms and Conditions carefully and make sure that you understand them before you start to use the website operated by De Beers Group Industry Services at https://www.debeersgroupservices.com which shall include all sub-domains and secure access area (the "Site"). We recommend that you print a copy of these Terms and Conditions for future reference.
1.2 These Terms and Conditions, together with the documents referred to within them, govern your access to, and use of, the Site and the content on it.
1.3 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.
1.4 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.
1.5 The Site comprises of a public access area and a secure access area:
1.5.1 the public access area contains general information about De Beers Group Industry Services, provided solely for general informational purposes and a contact form.
1.5.2 the secure access area is a password protected section of the Site solely for De Beers Group Industry Services business clients ("Clients"). There are separate terms and conditions governing the provision of services to our Clients – Clients must agree to those terms and conditions before being able to submit requests for services.
1.6 These Terms and Conditions refer to our Acceptable Use Policy, which sets out the permitted and prohibited uses of the Site. When using the Site, you must comply with this policy.
2. Intellectual Property
2.1 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.
2.2 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).
2.3 Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trade mark, service mark or logo displayed on the 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 the Site. Your use of the trade marks, service marks or logos displayed on this Site, except as provided herein, is strictly prohibited.
3.1 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.
3.2 Clients are, however, subject to the remaining provisions of these Terms and Conditions, permitted to download information from the Site (unless expressly stated otherwise) as follows:
(i) information from the Site shall not be modified in any way;
(ii) any illustrations, photographs, video or audio sequences or any graphics must not be used separately from any accompanying text;
(iii) information from the Site shall not be used in breach of any applicable laws, including the Data Protection Act 2018 (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 personal, non-commercial 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 2012-2019’ must appear in all reproductions and/or copies.
3.3 All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws worldwide. 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.
3.4 You may not offer for sale or distribute over any medium, any part of this Site or any of its content.
3.5 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 3.
4. Secure Access Area of the Site
4.1 The secure access area of the Site shall be accessed and used by Clients and their representatives only.
4.2 Before a Client or their representatives are given access to the secure access area of the Site, the Client will be vetted by us and will be required to undergo thorough KYC checks. If the client passes such checks we will send the Client (and if applicable its nominated representatives) an email invitation to the secure access area of the Site requesting the Client (and if applicable its representatives) to register on the secure access area of the Site, set a unique password and formally accept these Terms and Conditions.
4.3 To gain access to the secure access area of the Site you will be required to log-in using your registered email address and unique password.
4.4 If we deem it necessary for security reasons, we can enforce a password change at any time, but we will warn you in advance should we intend to do so.
4.5 Your password 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. Your password should be kept safe and you should not disclose it to anyone. Usage of an individual registered email address by multiple users or by someone other than the authorised user is a serious breach of these Terms and Conditions and could lead to De Beers Group Industry Services suspending or removing your access to the secure access area of the Site for a period of time or indefinitely at De Beers Group Industry Services’ discretion depending on the severity of the breach. You shall inform De Beers Group Industry Services immediately of any known or perceived breach of this provision by notifying us at firstname.lastname@example.org 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.
5.1 All rights, including copyright and database rights, in this Site are and shall remain vested in De Beers Group Industry Services. All software belongs to De Beers Group Industry Services or our third party licensors. All rights are reserved.
6. No Warranties
6.1 The 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.
6.2 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.
6.3 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.
6.4 The material displayed and information provided on the public access area of the Site is for general information purposes only and whilst De Beers Group Industry Services 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.
6.5 The material displayed and information provided on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice and/or verify the information set out on the Site with independent information sources and/or authorities before taking, or refraining from taking, any action on the basis of any material or information on the Site.
6.6 If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.
7. Third Party Sites
7.1 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 De Beers Group Industry Services approves, endorses or accepts any responsibility for that website, its content or use, or the products and services made available through such website.
7.2 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.
7.3 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.
7.4 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.
7.5 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 the Site links or refers.
8. Your Responsibility
8.1 It is your responsibility to use virus checking software on any material downloaded from the Site and to ensure the compatibility of such software with your equipment.
8.2 In circumstances where you provide us with information relating to any third parties, you confirm that you have received that third party’s prior consent in relation to such disclosure and that the third party has been informed of 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 clause.
9. Information Submitted by You
9.1 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.
9.2 You confirm that any such contribution does comply with those standards, and:
9.2.1 if you are a consumer you will be responsible and liable to us in respect of; or
9.2.2 if you are not a consumer you will indemnify us in respect of,
any breach of this clause.
9.3 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.
9.4 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.
9.5 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.
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, if you are a consumer user and we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Site.
Notwithstanding the paragraph above, if you are a consumer we will not be liable 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:
- inability to use the Site;
- any third party software you may download from the Site; or
- third party content displayed on the Site.
If you are not a consumer user, please note that we will not be liable 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, the Site;
- any third party software you may download from the Site;
- use of or reliance on any content displayed on the Site;
- 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.
10.1 If you are a consumer user, please note that:
10.1.1 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; and
10.1.2 nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
10.2 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.
10.3 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 the Site or to your downloading of any content on it, or on any website linked to it.
10.4 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.
10.5 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 (or, if you are a consumer, 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.
10.6 If you enter into any third party transaction as a result of any information sourced from this Site, De Beers Group Industry Services shall not be liable for any use made of that information or any resultant transactions, nor shall De Beers Group Industry Services be responsible for or involved in that transaction in any way.
10.7 If you are not a consumer:
10.7.1 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 Acceptable Use Policy, or use of the Site exceed, in the aggregate, £1,000 (sterling);
10.7.2 you shall make clear to all parties with whom you deal (including, in particular, to your partners, consumers and agents) that neither De Beers Group Industry Services 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 De Beers Group Industry Services 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 De Beers Group Industry Services nor any member of the De Beers Group of Companies shall have any liability to any party 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 De Beers Group Industry Services; and
10.7.3 you shall indemnify, and keep indemnified, De Beers Group Industry Services and all members of the De Beers Group of Companies against any loss, damage or cost incurred by De Beers Group Industry Services or any member of the De Beers Group of Companies arising out of any breach by you of these Terms and Conditions, including (without limitation) your use of the Site or any information accessible over or through the Site including information obtained from linked sites, or your submission or transmission of information or material on or through the Site in breach by you of these Terms and Conditions and/or any breach by you of any laws, regulations and rules, save where directly attributable to the fraud or wilful default of De Beers Group Industry Services or relevant member of the De Beers Group of Companies. You shall also indemnify De Beers Group Industry Services 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.
11. User Information
11.1 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.
12. Viruses, Hacking and Other Offences
12.1 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.
12.2 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.
13. Linking to the Site
13.1 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.
13.2 You must not establish a link from any website that is not owned by you.
13.3 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.
13.4 If you wish to make any use of material on our Site other than that set out above, please contact us by email at email@example.com.
14. Restriction, Suspension and Termination
14.1 Access to the Site is permitted on a temporary basis, and we reserve the right to suspend, withdraw or amend the Site without notice.
14.2 We may restrict, suspend or terminate your access to the Site, in whole or in part (including the right to disable your registered email address 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.
14.3 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.
14.4 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, unless you are a consumer, not subject to challenge or appeal.
15.1 These Terms and Conditions 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.
15.2 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.
15.3 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.
15.4 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.
15.5 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.
15.6 All disclaimers, indemnities and exclusions in these Terms and Conditions shall survive termination.
15.7 You may not assign your rights or obligations under these Terms to anyone. 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, provided that if you are a consumer such assignment or transfer by us will not affect your rights or obligations under these Terms.
15.8 If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
16. Law and Jurisdiction
16.1 These Terms and Conditions 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.
16.2 If you are not a consumer, 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.
16.3 If you are a consumer:
16.3.1 you can bring proceedings in respect of these Terms and Conditions in: (i) the English courts; (ii) if you live in Scotland, either the Scottish or the English courts; (iii) if you live in Northern Ireland, either the Northern Irish or the English courts; or (iv) if you live in a European Union member state, the courts of the European Union member state in which you are resident or the English courts; and
16.3.2 and you are resident in the European Union and we direct this Site to the member state in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms and Conditions, including Condition 16.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
17. Translation (Prevail Condition)
17.1 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.
18. Contact Information
IIDGR UK Limited trading as De Beers Group Industry Services (reg. no. 08597754), 17 Charterhouse Street, London, EC1N 6RA, UK.
Telephone: +44 (0) 20 7858 7887
For grievance and compliance related questions please contact: firstname.lastname@example.org
© IIDGR UK Limited 2012-2019. DIAMONDSURE™, DIAMONDVIEW™, DIAMONDPLUS™, AMS™, SYNTHDETECT™ and ™ are trade marks of the De Beers Group.
Thank you for visiting the Site.
Terms and Conditions last updated 5 June 2019
© IIDGR UK Limited 2019