TERMS AND CONDITIONS APPLICABLE TO THE USE OF WWW.DEBEERSGROUP.COM (THE “TERMS AND CONDITIONS”)
Any use by you, whether as a guest or a registered user, of the website operated by De Beers UK Limited at www.debeersgroup.com (the "Site") is conditional upon your acceptance of these Terms and Conditions, including our Privacy Statement set out in Clause 9. We reserve the right to amend these Terms and Conditions from time to time without notice and at our discretion. Please read these Terms and Conditions carefully before you start using this Site. It is your responsibility periodically to review this page for updates to these Terms and Conditions, which shall come into effect once posted. Your continued use of the Site will be deemed acceptance of these Terms and Conditions, including our Privacy Statement.
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 De Beers UK Limited.
All rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at this Site are owned by us or our licensors. 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 may not otherwise 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.
2. Intellectual Property
We are the owner and/or authorised user of all trade marks, design rights, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise expressly indicated. Except as provided in these Terms and Conditions, use of the Site does not grant you any right, title, interest or licence to any such intellectual property you may access on the Site. Except as provided in these Terms and Conditions, any use or reproduction of the intellectual property is strictly prohibited. We respect the intellectual property rights of others, and require that the people who use the Site do the same.
You may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved. You may not offer for sale or distribute over any medium, any part of this Site or any of its content.
4. No Warranties
This Site is provided "as is," and your use thereof is at your own risk. We, our officers, directors, employees, agents and assigns, disclaim, to the fullest extent permitted by law, all express and implied warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Site will be free from viruses, available or that the contents 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. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.
5. Third Party Services
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 website does not mean that De Beers UK Limited approves, endorses or accepts any responsibility for that website, its content or use, or the use of products and services made available through such website. “De Beers Group” means any company directly or indirectly controlled by De Beers Société Anonyme (9, Rue Sainte Zithe, Luxembourg, L-2763).
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.
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.
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. Your Responsibility
You should always verify the information set out in this Site with independent authorities before acting or relying on it. 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. 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 agrees to, our Privacy Statement and the uses which we may make of such information.
7. No Liability
The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law we, our officers, directors, employees, agents and assigns, hereby expressly exclude: (i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and (ii) all liability for any loss, cost or damage (direct, indirect, consequential, or otherwise) suffered by you as a result of your use of the Site or from any computer virus transmitted through the Site, or other sites accessed from this Site, whether such loss, cost or damage arises from our negligence or otherwise and even if we are expressly informed of the possibility of such loss or damage. 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 Statement, or use of the Site exceed, in the aggregate, £1000.00 (sterling) or equivalent. Nothing in these Terms and Conditions shall limit our liability for death or personal injury arising from our negligence, or our liability for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded
8. User Information
In the course of your use of the Site, you may be asked to provide personal information to us (such information referred to hereinafter as "User Information"). We process information about you in accordance with the Privacy Statement set out at Clause 9. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.
9. Privacy Statement
9.1 User Information We Collect
9.1.1 You can decide what User Information you provide to us with the exception that for the certain functions on the Site, we will require you to submit User Information that allows us to provide this service to you. Where possible, we will enable you to select how we will use this information. You may choose to provide us with User Information if, for example, you contact us with an enquiry, fill out a survey or other form with your personal information included or request us to provide you with information. By providing User Information to us, you fully understand and clearly consent to the transfer of such User Information to, and the collection and processing of such information in, other countries or territories. Any such transfer and processing by us will be in accordance with this Privacy Statement.
9.1.2 We may also collect aggregated or non-User Information to track data such as the total number of visits to this Site or the number of visitors to each web page. This information shall remain in aggregated form and may be used to understand how visitors use this Site.
9.1.3 We will take reasonable precautions to prevent the loss, misuse or alteration of the User Information you provide. Any contractors, agents or representatives of ours whom are required to have access to this User Information in the course of providing services to us are required to keep that information confidential. If you have provided User Information about yourself and would like copies of that information, or if you would like any User Information deleted from our records, then please write to us using the details in the Contact section of the Site and we (to the extent required by law) will supply, correct or delete information about you in our files as soon as is reasonably possible.
9.2. How We Apply User Information
9.2.1 We may use your User Information in order to communicate with you about De Beers Group products, services and news.
9.2.2 We may share your User Information within the De Beers Group and any company within the De Beers Group may communicate with you about De Beers Group products, services and news.
9.2.3 We may use User Information and non-User Information for internal marketing analysis within the De Beers Group, for example, to measure the amount of traffic to our websites. We may also share User Information with others, such as advertisers, in aggregate anonymous form, which means that the information will not contain any identifiable information about you. We will only share identifiable information with third parties for marketing analysis with your consent.
9.2.4 We may collect, use and/or disclose your User Information if permitted by law or required to do so by law or where we believe such action is necessary in order to detect, protect or defend us and/or other third parties against error, negligence, breach of contract, theft, fraud and other illegal or harmful activity, to comply with our audit and security requirements, and to audit compliance with or corporate policies, procedures, legal and contractual obligations.
9.2.5 In the event of a sale, merger, consolidation, change in control, transfer of substantial assets, financing, reorganisation or liquidation, we may transfer, sell, or assign to third parties information concerning your relationship with us, including without limitation, personally identifiable information that you provide and other information concerning your relationship with us.
9.2.6 In addition to disclosures identified above, from time to time we may disclose User Information to:
(a) our service providers and subcontractors, including our affiliates, retained to perform functions on our behalf or to provide services to us, such as data processing; software development; website hosting and management; information technology and office services; legal, accounting, audit and other professional service providers; and further provided such service provider does not collect, use or disclose User Information for any purpose other than to perform such functions or to provide services to us or as otherwise required by law;
(b) a person or entity, including our affiliates, to whom disclosure is required in order to fulfil one or more of the purposes described above;
(c) a person who, in our reasonable judgement, is providing or seeking the User Information as the authorised or appointed legal agent of the subject individual; or
(d) any third party with your consent or where disclosure is required or permitted by law.
9.2.7 Your acceptance of these Terms and Conditions of use of this Site, which include this Privacy Statement, constitute the granting of consent to the use and disclosure of your User Information for the purposes set out above.
The following table lists the cookies we use on this site:
||ASP.NET issues a cookie called ASP.NET_SessionId. This cookie contains the user's session ID and the cookie will expire at the end of the session (when you close your browser). This cookie does not store personal data about you.
||Cookie used by EpiServer to determine the total number of visits made to the Site.
||This cookie is used on the Site in order to track the user’s movement on the home page.
||This cookie tracks when the visit to the Site begins.
||This cookie tracks the number of visits a user has made to the Site until the user has cleared their cookie cache in their browser.
||This cookie is used by an Omniture plugin to count the visit numbers per month for a specific user of the web page.
||This cookie tracks the number of days between visits for a user visiting the Site.
||This cookie is used by an Omniture plugin to capture the number of days since a user last visited the Site.
||Stores the date of the user’s visit and whether it is a repeat visit or a brand new visit.
||This cookie tracks whether a user is a new or repeat visitor.
||This cookie determines whether the user was referred to the Site via a third-party link (i.e. search engine) or browsed directly to the Site.
||This cookie measures the user engagement with the Site (i.e. level of interactions with different sections of the Site).
9.4.1 We take security seriously and we take precautions to keep your User Information secure. We have put in place appropriate physical, electronic and managerial procedures to safeguard the information we collect. We have no control over the privacy of any e-mail communications while in transit to us. We recommend that you not include confidential, proprietary or sensitive information in e-mails.
9.4.2 In the unlikely event that we believe that the security of your User Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavour to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail.
10. Viruses, Hacking and Other Offences
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.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
11. Linking to the Site
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, but 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.
You must not establish a link from any website that is not owned by you.
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.
If you wish to make any use of material on our Site other than that set out above, please call +44207 404 4444.
You shall indemnify the De Beers Group against any loss, damage or cost incurred by any De Beers Group company arising out of your use of the Site, any of its services 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 of these Terms and Conditions or any other laws, regulations and rules. You shall also indemnify the De Beers Group 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.
13. Restriction, Suspension and Termination
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Site without notice. We may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, at any time. 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. We may also remove the Site as a whole or any sections or features of the Site at any time. 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.
These Terms and Conditions, including our Privacy Statement at Clause 9, constitutes 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 whatsoever between us. 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. 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. The parties intend each provision of these Terms and Conditions to be severable and distinct from the others. If a provision of these Terms and Conditions is held to be illegal, invalid or unenforceable, in whole or in part, the parties intend that the legality, validity and enforceability of the remainder of these Terms and Conditions shall not be affected. We may cede, assign or otherwise transfer our rights and obligations in terms of these Terms and Conditions to third parties.
15. Rights of Access and Use
This Site is not intended for users in the United States of America. Therefore, we regret that we are not in a position to respond to any enquiries from residents in the United States of America.
16. Law and Jurisdiction
These Terms and Conditions, including the Privacy Statement, and any matter relating to this Site, shall be governed by and construed in accordance with English law. The English Courts will have non-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.
17. Translation (Prevail Clause)
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
De Beers UK Limited is registered in England and Wales under company number 2054170 with its registered office at 17 Charterhouse Street, London, EC1N 6RA, UK.
© De Beers UK Limited 2008 - 2012.
DIAMDEL™, DIAMOND TRADING COMPANY™, DTC™, FOREVERMARK™, FOREVERMARK JEWELLER™, ™, DE BEERS™, RARER THAN RARE™ and SIGHTHOLDER™ are trade marks of the De Beers Group of companies.
Telephone: +4420 7404 4444
Thank you for visiting the Site.
2nd February 2012