IDIAM.com

Terms & Conditions

These terms and conditions apply to the IDIAM Web site located at www.IDIAM.com, and all associated Web sites linked to www.IDIAM.com by IDIAM, its subsidiaries and affiliates. Please read these terms and conditions (the 'Terms and Conditions') carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

These Terms and Conditions govern your use of, and any purchase from or sale to, the IDIAM Site, and constitute an agreement between you and IDIAM. IDIAM reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and at its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site. Your use of the site implies that you agree to IDIAM.com’s Terms and Conditions, Privacy Policy and Return Policy.

Product Availability and Pricing

If you buy or make an offer for a diamond, it is possible that this diamond is currently out of stock. Sometimes an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options.

IDIAM.com may not own any of the diamonds and other products listed on the Website. In such cases, IDIAM.com 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 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, IDIAM.com will call the Member and suggest an alternate diamond. In case the Member chooses a new diamond, IDIAM.com shall confirm the new order. If the cost of the new selection is more expensive than 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, IDIAM.com shall refund the excess amount to the Member in the manner specified below in this Terms of Use.

Pricing of a Diamond vary, from one category of diamonds to another and seller to seller where numerous factors like reputation of the sellers, brand value, design of the Jewellery etc. have an impact on the price of the diamond. The demand and supply of diamonds in the market can also affect the price of the diamonds. The prices stated on the Website may be substantially higher or lower than the actual prices in the retail markets.

Data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices or details of diamonds. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact us.

Make an offer/Buy

• Buyer is responsible for reading the full item listing before making a bid or commitment to buy.

• You enter into a legally binding contract to purchase an item when you commit to buy an item or if you have the winning bid (or your bid is otherwise accepted).

• Accepting or rejecting a bid is at the sole discretion of the seller.

Diamond Certificates

When you order a loose diamond, we ship it to you with the accompanying diamond grading report (also called a diamond certificate or the diamond verification report). These grading reports are detailed documents created by diamond grading experts - making it very expensive to replace a diamond grading report. Because of this, we require each diamond grading report to be included with each returned diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee. The amount to be charged is the sole discretion of IDIAM.com based on the current cost of replacing such a report.

Comparison Purchasing

To keep our prices low, we do not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly. To confirm the quality of a diamond, please contact us, and we would be happy to help you make your choice.

Information on our Site

At IDIAM, we make every attempt to ensure that our online catalog is as accurate and complete as possible. Though we do not guarantee accuracy of any information provided on IDIAM.com. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly.

Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards, IDIAM states that carat total weight in all purchases may vary 0.05 carats from stated weight.

On the Site, we provide the measurement of our products based on regular specifications. Slight tolerances may be accounted for based on finishing during the manufacturing. For gemstone measurements, a tolerance of 0.25mm is allowed.

Site Content

The Site and all content and other materials, including, without limitation, the IDIAM logo, and all designs, text, graphics, pictures, selection, coordination, 'look and feel', information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of IDIAM or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Trademarks

IDIAM, the IDIAM logos, and any other product or service name or slogan contained in our Site are trademarks of IDIAM and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of IDIAM or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "IDIAM" or any other name, trademark or product or service name of IDIAM without our prior written permission. All other trademarks, registered trademarks, product names and IDIAM names or logos mentioned in our Site are the property of their respective owners.

Order

Purchase

In the event of a User wishing to make a purchase, the User may be required to register on the website after adding the item(s) to the shopping cart. The Members shall also provide any other mandatory information required under law like Personal Account Number (PAN) at the time of purchase.

Orders, are normally considered complete only after the payment has been received by IDIAM.com. To confirm the orders, IDIAM.com may at random, call up the Members who have placed orders through the Website and ask the Member a verification question.

Once the purchase of item(s) is confirmed, IDIAM.com:

1. In the case of Loose Diamond or customised jewellery - order for the diamond(s), set it on the Mount and deliver it to the Member; or

2. In the event the bank rejects to honour any payment transaction made by a Member towards an order, IDIAM.com shall have the right to refuse to ship the order to the Member without any liability whatsoever.

Advance / Part Payment

IDIAM.com may, at its sole discretion, request the Member to pay part payment (a percentage of the value of the transaction) as an advance or full payment at the time of placing the order. In the case of part payment, the balance payment for the order shall be paid by the Member at the time of delivery of the product. Failure to pay the balance amount at the time of the delivery of the product shall be treated as a cancellation of the order. Any advance amount paid by the Member at the time of placing the order shall not be refunded by IDIAM.com to the Member in the event of cancellation of the order for any reason whatsoever.

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization of any transaction, on account of the Cardholder having exceeded their pre-set limit.

Advisory Services

The Website will also feature the recommendations of a trained diamond consultant, circulate a list of investment grade diamonds, recommend good buys and verify extra parameters of the diamond. The extra parameters which are verified and given as verification report, are given by the seller and we only verify them for errors and omissions. Any Price Recommendations or purchase recommendations or verification services by the consultant or IDIAM.com are not guaranteed under any circumstances and the Company shall not be held liable for any loss and / or damage suffered by Members who rely on such recommendation and verification.

All pricing and indicative price information available on the Website must be used as a general guideline for diamond prices. While this Website is designed to provide most accurate diamond pricing and indicative pricing information, the information about the diamonds does not provide an appraisal or guarantee of value, nor does it give suggestions or recommendation of any sort for buying or selling diamonds. All grading and pricing and indicative pricing are subjective methods of analysis and no guarantee is made or liability assumed as to the accuracy or validity of the information provided by the Service or the expertise of those providing information via the Service.

Refunds

Any refunds due by IDIAM.com to the Member for non-availability of diamonds or for selection of alternate diamonds shall be made in the following manner:

• Credit card: The credit card account of the Member will be re-credited with the refund amount by IDIAM.com The refund amount will be credited to the Member's account within the time span stipulated by the bank which has issued the credit card; or

• Cheque or wire transfer: The refund amount shall be deposited into the bank account of the Member by IDIAM.com approximately within thirty (30) business days after the receipt of request for refund by the Member; or

• Cash or demand draft: If the Member has made an over the counter purchase by paying cash or demand draft, IDIAM.com shall pay the refund amount to the Member through cash or demand draft within approximately thirty (30) business days after the receipt of the payment by IDIAM.com

Shipping & Delivery

At the time of placing the order, the Member shall state the full name of the recipient as stated in his / her (receipient’s) government approved photo identification. At the point of delivery the recipient shall collect the product, by furnishing any one of the following government approved photo identification card:

• Ration Card ( should be issued in the name of the Member / recipient );

• Drivers License;

• Permanent Account Number (PAN) card;

• Voters Identification card; or

• Passport.

Delivery shall be made by the Company / courier agent only after the photo and name of the recipient is verified and confirmed by them. To ensure safe and secure delivery of the package the details of the government photo identification will be noted. The recipient of the package must cooperate with the courier agent by providing required and valid copies of his / her government approved photo identification.

In case the Member wants any other person to receive the delivery on his behalf he / she needs to specify details of the same at the point of ordering. All items shall be delivered directly to such person and under any circumstances whatsoever, the Member cannot change the recipient details after the order is processed.

All shipping charges and other local charges shall be borne by the recipient, unless IDIAM agrees to bare the charges. Recipient accepting delivery should carefully examine the package delivered and shall not accept deliveries where the packaging has been tampered with. They shall not accept deliveries, where they find that the box is empty or the contents are damaged or the contents are not in accordance to the order placed.

The recipient, upon signing the delivery receipt, acknowledges the receipt of the product in terms of the order placed with the Company. The Company is not liable to the Customer / recipient for any refund / replacement, under any circumstance, for any subsequent complaints with respect to such deliveries.

If the recipient is not available at the time of delivery, all costs for re-shipment, insurance and handling in the case of non-delivery to the Member shall be chargeable to the Member.

Usage of Promo Code issued by the Company

IDIAM.com has the right to refuse the usage of any promo code at any point of time. Promo codes cannt be clubbed with any other special offer on the site, unless expressly otherwise stated.

Listing Conditions

When listing an item, you agree to comply with and that:

• You are responsible for the accuracy and content of the listing and item offered.

• Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances or even more). IDIAM can't guarantee exact listing durations.

• Content that violates any of IDIAM's policies may be deleted at IDIAM's discretion.

• We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:

• buyer's location, search query, browsing site, and history;

• item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;

• seller's history, including listing practices, Detailed Seller Ratings, IDIAM policy compliance, Feedback, and defect rate; and

• Number of listings matching the buyer's query.

Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.  

• Some listing upgrades will only be visible on certain Services.

• In order for You to offer a product for sale through our Sell service for private sellers; You must have possession of the actual product listed and the ability to transfer title. To list a product for sale on IDIAM.com, sellers also are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller.

• Responsibility for the information contained in each listing lies with the seller. You alone are responsible for the material You post, including listing information and photos of the product, and for the content of all email messages You transmit through IDIAM.com. Nothing will undermine a user's confidence in the product You are looking to sell faster than inaccurate statements or misleading representations about the product. And since any erosion of user confidence in You is likely to be accompanied by erosion of user confidence in us, We care deeply about making sure that the information You supply is accurate and that, in all respects, You treat other IDIAM.com users fairly and honorably.

• In connection with our efforts to combat Internet fraud, some listings may be screened before being posted publicly. This process may delay the publication of your listing. Though We cannot monitor every transaction that originates through a listing on IDIAM.com, We may, from time to time, perform random quality assurance tests to confirm that those who offer products for sale, as advertised. By using our Website, You agree to cooperate in these quality assurance tests. If our tests reveal, or We, otherwise learn, that a seller may be violating the terms of this Visitor Agreement, We reserve the right to deny that seller use of services offered on our Website and any affiliated Websites and remove that seller's listings from each site.

• By listing a product for sale on this Website, You agree to use the email addresses, telephone number and other details of those responding to your listing only to communicate with them about the potential sale of that product.

Terms & Conditions of use of the website

1.   BY USING THIS WEBSITE YOU REPRESENT AND WARRANT THAT:

a.   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.

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

c.   Your 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

d.   You will not (a) use the Website and / or Services in any way that is unlawful, or harms IDIAM.com or any other person or entity, as determined in the IDIAM.com's sole discretion.

e.   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

f.    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.

g.   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.

h.   IDIAM.com 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 IDIAM.com, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

i.     All information, content and material contained in the Website and / or Services are IDIAM.com' copyrighted property. All trademarks, services marks, trade names, and trade dress are proprietary to IDIAM.com. 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 IDIAM.com 's express written permission

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

2.   YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a.   The information, content and materials on this website and / or services are provided on an "as is" and "as available" basis. IDIAM.com and all its 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.

b.   IDIAM.com makes all reasonable efforts to display the products listed for sale on its web site(s) as accurately as possible. However, IDIAM.com cannot guarantee that your monitor's display of any product color, texture or detail will be accurate. IDIAM.com does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. While IDIAM.com 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, IDIAM.com reserves the right to refuse the sale of that item.

c.   The Information provided is not a recommendation or suggestion of any kind to buy or sell diamonds; nor is it an appraisal, guarantee of value, warranty, valuation, or offer to buy or sell. IDIAM.com does not guarantee or warrant the accuracy of any information and does not guarantee that any seller/user will fulfill any obligations made on or through the Service. Pricing provided is an estimate of value that should only be used as a general guideline for price discovery.

d.   IDIAM.com has not examined any of the diamonds that are listed on IDIAM.com. Information provided by the Service is based on diamond grading information listed on the system by the Seller/user. Such information may be wrong and thereby result in inaccurate pricing or grading analysis. The use of the Service by the user is on his or her own account and risk and IDIAM.com provides no guarantee for accuracy of the information listed on the Service by Licensees.

e.   Diamond grading laboratories and the jewelry trade use subjective methods of analysis. Diamond grades may vary each time a diamond is submitted for re-examination and often vary from laboratory to laboratory depending on the grading standards of the laboratory and the accuracy and training and discretion of their gemologists. Online pricing and quality information provided by the Service is the result of an automated electronic response system and subject to the limitations inherent to such systems. No guarantee is made or implied as to the accuracy or validity of any information provided by the Service and/or the level of expertise of any information system or individual providing information via the Service.

f.    IDIAM.com prices or indicative prices or quality index or verification report or third party lab certificate or availability information should only be used as a general guideline for evaluating diamond prices. IDIAM.com prices do not replace the physical examination of a diamond by a knowledgeable appraiser who determines the quality and value of specific diamonds. Each diamond's value depends on its unique characteristics, some of which may not be included in the information on a diamond grading report or the information provided by the User. IDIAM.com prices are limited in that they reflect our opinion of the current market values based on the description and information the seller provides. There is no guarantee that the opinion of IDIAM.com and/or that the grading information provided by a laboratory or seller or IDIAM.com is accurate. Diamond pricing and diamond grading are not an exact science. While we believe that the information we provide may help you make a reasonable and rational decision when buying or selling a diamond, our information is not perfect and should be complemented with the normal due diligence that a consumer should apply when buying or selling a diamond.

g.   Diamond prices may vary significantly from seller to seller. The identity of the seller, their location and the conditions of sale can have a major impact on price. Numerous additional factors including the reputation of the seller, brand value, design of the jewelry containing the diamond, and added value services such as credit and return privileges are important components of value and also have impact on the price of a diamond. The quality of a diamond is also subjective, depending on the personal taste, liking, disliking and discretion of the appraiser or buyer. Our pricing or indicative price and quality index Service does not resolve the variances in price or quality that are attributable to the various added value propositions provided by sellers or the personal taste of the buyer or seller. Therefore our Information is only a guideline. The prices on the website or indicative price or quality index provided by the Service may be substantially higher or lower than actual transaction prices or quality in the various markets.

h.   IDIAM.com does not guarantee the quality, accuracy, reliability of any Information provided, nor is the Information an appraisal or guarantee of value or quality.

i.     Diamond grading and pricing is based on subjective methods and no guarantee is made or liability assumed as to the accuracy or validity of the Information provided by the Service or the expertise of IDIAM.com.

j.    IDIAM.com does not guarantee the quality, integrity or creditworthiness of any member of any trading network. All Services provided are on an as is basis with no IDIAM.com guarantees or warranties. User agrees that IDIAM.com is not responsible for any additional, consequential or other damages. IDIAM.com's liability for any damages shall be strictly limited to the membership fees if any paid to IDIAM.com.

k.   IDIAM.com reserves the right to refuse, restrict, suspend, limit or terminate any or all Services provided to any user at any time for any reason. User who violate any of provisions of this Agreement will be subject to having their membership revoked and/or be excluded from our network.

l.     Sellers may not disclose or share their access or password with any third party. Password use is strictly limited to the registered member.

m.IDIAM.com reserves the right to amend the pricing structure and service options from time to time.

n.   Downloading Diamond Listings or Information

a.   Users/sellers permit other IDIAM.com members to download inventory of   their diamonds listed for sale on IDIAM.com.

b.   Users may not download diamond listings without having applied for and been granted permission by IDIAM.com and the IDIAM.com user.

c.   Diamonds belonging to other IDIAM.com users may not be downloaded for listing with any competitive diamond trading networks or used in any commercial software without prior written permission from IDIAM.com.

d.   users may not resell or otherwise distribute any Information or downloaded diamond listings without permission from IDIAM.com.

e.   IDIAM.com may exclude a user from downloading diamond inventory for any reason at any time as may be determined in the sole discretion of IDIAM.com.

o.   IDIAM.com 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.

p.   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.

q.   You hereby indemnify, defend, and hold IDIAM.com, IDIAM.com'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.

r.    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.

s.    IDIAM.com 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 may not apply to you.

t.    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.

u.   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. These 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 Mumbai.

v.   All the contents on the website, of any manner, whatsoever, is Copyrighted work is protected under Indian Copyright Act, 1957. The unauthorized reproduction and distribution of our Copyrighted Work via the internet without our express permission constitute copyright infringement under the Copyright Act, 1957. Your act of infringement of our Copyrighted copyright and proprietary right makes you liable for action in law that includes prosecution under the Code of Civil Procedure, 1908 and Code of Criminal Procedure, 1973

w.  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 IDIAM.com for all the costs, losses and damages caused to IDIAM.com as a result of such a breach. Further in the event of your breach of this terms of use, you agree that IDIAM.com will be irreparably harmed and will not have an adequate remedy in money or damages. IDIAM.com therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction immediately upon request. IDIAM.com's right to obtain such relief shall not limit its right to obtain other remedies.

x.   Any failure of IDIAM.com to exercise or enforce any right or provision of these terms of use shall not operate as a waiver of such right or provision.

DISCLAIMER OF WARRANTIES

USER/BUYER/SELLER EXPRESSLY UNDERSTANDS AND AGREES THAT:

USE OF THE SERVICE AND INFORMATION IS AT YOUR SOLE RISK; THE SERVICE AND INFORMATION IS PROVIDED ON AN AS-IS AND AS AVAILABLE BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. IDIAM.COM SHALL HAVE NO LIABILITY AND EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR MERCHANTABLE QUALITY OR THOSE ARISING BY LAW, STATUE, USAGE OF TRADE, OR COURSE OF DEALING. IDIAM.COM ASSUMES NO RESPONSIBILITY TO USER/BUYER/SELLER, OR TO ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS

IDIAM.COM MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET USER’S/BUYER’S/SELLER’S REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER’S/BUYER’S/SELLER’S OWN DISCRETION AND RISK AND THE USER/BUYER/SELLER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER/BUYER/SELLER FROM IDIAM.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

ANY OR ALL WARRANTY IS STRICTLY LIMITED TO THE INDIVIDUAL USER/BUYER/SELLER THAT HAS REGISTERED AND PAID FOR THE SERVICE. NO WARRANTY OF ANY KIND IS EXTENDED TO ANY THIRD PARTIES.

LIMITATIONS OF LIABILITY

USER/BUYER/SELLER EXPRESSLY UNDERSTANDS AND AGREES THAT IDIAM.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF IDIAM.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OR INABILITY TO USE THE SERVICE (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 SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR TRANSMISSIONS OR DATA (IV) STATEMENTS OF CONDUCT OF ANY THIRD PARTY AS THE RESULT OF ANY USE OF THE SERVICE (V) AND ALL OTHER MATTER RELATING TO THE SERVICE.

IDIAM.COM CAN PROVIDE THE INFORMATION AVAILABLE VIA THE SERVICE FOR A RELATIVELY SMALL FEE ONLY BECAUSE OF THE LIMITATIONS OF LIABILITY AND WARRANTY EXPRESSED IN THIS AGREEMENT. IN ALL INSTANCES IDIAM.COM DOES NOT ASSUME ANY LIABILITY EXCEEDING THE FEE PAID BY THE LICENSEE TO USE THE SERVICE.

IDIAM.COM SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE RESULTING FROM ANY ERROR OR OMISSION IN THE INFORMATION PROVIDED BY IDIAM.COM OR THE SERVICE OR FROM USE OF THE SERVICE EVEN IF CAUSED BY OR RESULTANT FROM THE NEGLIGENCE OR OTHER FAULT OF IDIAM.COM.

IDIAM.COM SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY ERROR IN OR OMISSION FROM THE INFORMATION PROVIDED BY THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IDIAM.COM DOES NOT GUARANTEE THAT DIAMONDS LISTED ON THE TRADING NETWORK WILL BE SOLD TO ANY OF THE USER/BUYER/SELLER; NEITHER DOES THE SERVICE PROVIDE ANY AUTHORIZATION OF THE SAID GRADING SUGGESTED BY THE LISTERS, OF THE DIAMONDS.

IDIAM.COM DOES NOT GUARANTEE THE ACCURACY OF THE DIAMOND PRICING SERVICE OR DIAMOND INDICATIVE PRICING OR DIAMOND QUALITY INDEX OR DIAMOND CERTIFICATE OR DIAMOND REPORT AND GIVES FULL NOTICE THAT IDIAM.COM PRICES, QUALITY, CERTIFICATE, REPORT ARE BASED ON IDIAM.COM'S SUBJECTIVE OPINION OF MARKET PRICES, MARKET CONDITIONS AND THE RELATIVE VALUE OF VARIOUS TYPES, SIZES AND QUALITIES OF DIAMONDS. DIAMOND GRADING, PRICING AND ANALYSIS IS NOT AN EXACT SCIENCE AND IS BASED ON THE SUBJECTIVE OPINION AND ANALYSIS OF THE PERSON PROVIDING THE INFORMATION. WE DO NOT GUARANTEE THE ACCURACY, AUTHENTICITY OR RELIABILITY OF ANY DIAMOND GRADING REPORT OR OTHER INFORMATION BEING PROVIDED TO YOU.

IDIAM.COM EMPLOYEES MAY PROVIDE USER/BUYER/SELLER WITH PERSONALIZED INFORMATION VIA EMAIL, TELEPHONE OR IN WRITING. THIS INFORMATION IS BASED ON THE SUBJECTIVE OPINION OF THE INDIVIDUAL PROVIDING IT. WHILE WE WILL MAKE EFFORTS TO ASSURE THAT OUR EMPLOYEES, AGENTS, ASSOCIATES AND/OR CONSULTANTS ARE KNOWLEDGEABLE ABOUT DIAMONDS AND DIAMOND PRICES, WE DO NOT GUARANTEE THE ACCURACY, EXPERTISE, EXPERIENCE, BACKGROUND OR KNOWLEDGE LEVEL OF ANY PERSON PROVIDING INFORMATION.

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