Terms of Use

De Beers Auction Sales Website Terms and Conditions

The information contained in these paragraphs is important and shall govern your use of the De Beers Auction Sales website. Please read these terms carefully. By using the DBAS website you agree that you have read, understood and agree to these terms.


About us

In these terms, references to "we", "us" or "DBAS" are to De Beers Auction Sales Singapore PTE Limited located at 10 Collyer Quay, #03-04 Ocean Financial Centre, Singapore 049315 and with registration number 201318807R. We are a global sales business and market leader in negotiating the sale of rough, uncut diamonds to small, mid-size and large manufacturing, retailing and trading business buyers using innovative online auctions. You can contact DBAS by emailing: auctionsales@debeersgroup.com

 

Your use of the Website

You agree to use the website only for lawful purposes and in a way which does not infringe or otherwise violate the rights of anyone else or restrict or inhibit anyone else's use and enjoyment of the website. We reserve the right to suspend or restrict your use of the website at any time for operational, regulatory, legal or any other reasons in our sole discretion.


Website Disclaimer

While DBAS has taken reasonable care to ensure the accuracy of the information on this website, we shall not be held responsible for any loss or damage arising from the use of this information. We do not give any warranty or representation that the website will be fault free and do not accept liability for any errors or omissions, nor do we give any warranty or representation that the website does not infringe or otherwise violate the rights of any third party. DBAS makes no warranty or representation that this website is free from infection by viruses or anything else that has contaminating or destructive properties.

Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on the website, DBAS has no liability for any losses or claims arising from the inability to access the website or reliance on the data transmitted using the website (including, but not limited to, any loss, liability and/or claim arising as a result of any unauthorised access to or use of the website), and any liability DBAS may have for any losses or claims arising in connection therewith is excluded to the fullest extent permitted by law.

In using this website, you may be linked to websites provided by independent third parties. If you click-through to any such third party sites, either directly or indirectly through this site, you acknowledge and agree that you shall be subject to the terms and conditions of usage and privacy policies applicable to such third party sites. Any and all content to which you link, either directly or indirectly, from this website will not have been developed, reviewed or monitored by DBAS and DBAS has no liability for and cannot and does not guarantee or make any representation or warranty, either express or implied, as to the accuracy, validity, sequence, timeliness, completeness or continued availability of any such content. DBAS does not endorse or accept liability for the content of or products offered by such third party sites nor does it claim any trade association with the proprietors of such third party sites.

 

Copyright and Trade Mark Notice

DBAS owns the copyright in the selection and arrangement of the content of this website, as well as in the content original to it. All software compilations, underlying source code and software belong to DBAS or our third party licensors. All other intellectual property in the website and its content, including registered and unregistered trade marks, design rights and database rights, belongs to DBAS. All rights are reserved. No unauthorised copying of any part of this website is permitted. You may not modify or redistribute the content of this website or reproduce, link, frame or deep-link it on any other website without our express written permission.  

However, DBAS authorises you to make print copies of, or download documents or pages published by DBAS on this website for your own personal, non-commercial use only, provided that any copy of these documents that you make retains all copyright and other proprietary notices, and any disclaimer contained thereon. You may not offer for sale or distribute over any medium, any part of this website or any of its content. Except for the limited permission authorising you to print copies of or download material on this website, nothing on this website should be construed as granting any other right or licence under any copyright or trade mark of DBAS or any third party.

Any diamond pictures used on this website remain the intellectual property of DBAS at all times. Wherever these pictures are used, they have been added for illustrational purposes only, never representing any actual goods available for purchase.


Privacy Statement

DBAS is concerned for and respects the privacy of each visitor to this website. Our goal is to protect your information on the internet in the same way that we protect it in all the other ways we interact with you. When you visit certain areas of this website you may be required to or given the option of submitting personal information such as your name, company and contact details. Our Privacy Statement [www.debeersauctionsales.com/link] sets out what we intend to do with the information you provide us and the cookies we use on the website.

 

Security Disclaimer

By using this website, you acknowledge and agree that DBAS utilises a variety of electronic networks, including the internet, to transport data and communications. Complete confidentiality and security is not yet possible over the internet and the transmission of any data on any electronic network may be subject to delay, interruption, interception, blackout or inaccuracy. DBAS advises you that the internet is not a secure medium and privacy cannot be ensured. Neither DBAS nor any third party working with DBAS in connection with this website will be responsible for any loss or damage that could result from interception by third parties of any information so sent.

By using this website, you also agree that neither DBAS nor any third party working with DBAS in connection with this website shall be responsible for any kind of loss or damage caused by any such event or by communications line failure, interception by third parties, unauthorised access, theft, systems failure, service interruption, or other occurrence beyond their control, or from any other cause relating to your access to, inability to access or use of this website, whether or not the circumstances giving rise to such cause may have been within the control of DBAS or any third party working with DBAS in connection with this website.

 

Liability; Indemnification

This website and the content herein are provided “as is”. All conditions, warranties, representations and other terms, express or implied by (i) statute, (ii) common law or (iii) otherwise are excluded. In no event shall DBAS, any company within the De Beers Group, or any of their respective directors, officers, agents, contractors, partners, employees, licensors or suppliers (“Related Parties”) be liable for any losses, including any indirect, incidental,  special, exemplary, punitive or consequential loss or damage and any loss of profit, data, revenue, business, opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with the use of the website save where such liability cannot be excluded by law. Nothing in this section shall purport to exclude or restrict any liability the exclusion or restriction of which is prohibited by law.

You agree to indemnify and hold DBAS and its Related Parties harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your use of this website, your conduct in connection with this website or with other members of this website, and any violation by you of these terms or of any law or regulations or the rights of any third party.

Only you and we shall be entitled to enforce these terms. No third party shall be entitled to enforce any of these terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

 

Governing Law; Miscellaneous

These terms shall be governed and construed in accordance with English law and any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties shall submit.

If any of these terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these terms shall remain in full force and effect to the fullest extent permitted by law.

DBAS may freely assign its rights and obligations hereunder.

No waiver by DBAS of any breach or default by you under these terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

 

Online Purchases

Terms and conditions on which eligible buyers may purchase diamonds from DBAS may vary at each DBAS auction event. The DBAS E-Auction Terms and Conditions relating to each auction will be accessible at www.debeersauctionsales.com once you have been invited to an event.

 

Updates to these Terms and Conditions and Website

We may update or amend these terms from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on our website. By continuing to use the website or any of our services, you agree to be bound by the terms of these updates and amendments. You are expected to review this page each time you access this website so you become aware of any changes, as such changes will be binding on you.

We also reserve the right to add, delete, modify or amend features and/or services contained within this website, to limit the provision of any content, service, or product described herein to any person, geographic area or jurisdiction, at any time and in our sole discretion, as well as to limit the quantities of any content, service, or products that we may provide.

 

July 2015