Sara Diamonds Private Limited d/b/a www. saradiamonds. com (Sara Diamonds, we, us, or our) welcomes you. We are happy that you have decided to access and use our Platform.
1. DESCRIPTION OF SERVICES
Sara Diamonds is the premiere business online marketplace for you to buy or sell your diamonds and fine jewelry (each sale, a Transaction).
We provide Visitors and Users with access to the Platform as described in this Agreement.
Visitors. Visitors, as the term implies, are people who want to look around and see what our services are all about. Visitors can (a) view all publicly-accessible content, and (b) e-mail us.
Users can do all the things that Visitors can do, and may also be able to: (a) enter into Transactions; (b) participate in our promotional offers; (c) sign up for alerts and other notifications; and (e) post comments, reviews, pictures, and other content (collectively, User Content).
We are under no obligation to accept any individual as a User, and may accept or reject any User in our sole and complete discretion.
Also, when using our App, Visitors and Users may elect to consent to: (a) the use of their mobile device's Geolocational Information to provide our services; and (b) receive text messages. In either case, the Visitors and Users consent to and shall pay all carrier data, messaging, and other fees resulting from their usage of the Platform.
The Platform is available for individuals 18 years or older. If you are under 18, please do not use the Platform. By accessing and using the Platform, you represent and warrant that: (i) you are at least 18; (ii) you are the actual, legal owner of the diamonds, fine jewelry, or other items you are attempting to sell to Sara Diamonds; and (iii) you are acting on your own behalf and not as the agent or representative of any other party.
3. COMMUNITY GUIDELINES
Our community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Platform, you hereby agree to comply with these community rules and that:
1. You will not send us any hazardous materials or any materials that do not contain diamonds;
2. You will not use the Platform for any unlawful purpose, including money laundering;
3. You will not post or send us false or misleading information;
4. Other than sending us information in accordance with this Agreement, you will not use the Platform to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
5. You will not access or use the Platform to collect any market research for a competing business;
6. You will not upload, post, e-mail, transmit, or otherwise make available any User Content that:
a. infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
b. is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another's privacy, or promotes violence; or
c. discloses any sensitive information about another person, including that person's e-mail address, postal address, phone number, credit card information, or any similar information;
7. You will not stalk or otherwise harass another;
8. You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
9. You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e. g. , report abuse button) on the Platform;
10. You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
11. You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Platform, except for Internet search engines (e. g. , Google) and non-commercial public archives (e. g. , archive. org) that comply with our robots. txt file;
12. You will not use any automated device or software that enables the submission of automatic postings on the Platform without human intervention or authorship, including, without limitation, the use of any such automated posting device in connection with bulk postings or for automatic submission of postings at certain times or intervals; and
13. You will not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means.
Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we'll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or any portion of the Platform, without notice and remove any User Content that does not adhere to these guidelines.
4. SALES AND TRANSACTION PROCESS
Shipping and Insurance
You will receive all parcels ofSara Diamonds via a secure reputable shipping company, such as FedEx, UPS, or Malca-Amit. All packages sent from Sara Diamonds are fully insured for the amount stated in the invoice you receive, unless specific insurance is pre-arranged for your item through us.
In order to arrange adequate insurance Sara Diamonds may request further information from you regarding the items we intend to send to you, and we will rely on this information in order to arrange insurance.
Sara Diamonds reserves the right to reject any forms (and the supporting documents attached) which are not properly completed and signed. Sara Diamonds also reserves the right to reject delivery of any package to you for both internal security and corporate credit reasons. In case you ship your package to Sara Diamonds, the company also reserves the right to reject delivery of any package which appears to be opened, damaged, or tampered with in any way. Any such packages that we reject will be returned to you - at our cost - but without any liability to Sara Diamonds.
After you accept our diamonds and acknowledge the invoice that was sent with the merchandise, we will arrange payment details with you. You will pay by following payment method:
1. Direct bank transfer to our account on or before the date due of the invoice. You can pay straight into any US account of your choice. We will send you a payment receipt confirming the money has been transferred.
4. SALES AND TRANSACTION PROCESS
The Platform contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Sara Diamonds (collectively referred to as the Content). The Content may be owned by us or by third parties. The Content is protected under both Indian and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content, the Platform, and our services automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Sara Diamonds Private Limited(Sara Diamonds Trademarks) used and displayed on the Platform are registered and unregistered trademarks or service marks of Sara Diamonds Private LimitedOther company, product, and service names located on the Platform may be trademarks or service marks owned by others (the Third-Party Trademarks, and, collectively with the Sara Diamonds Trademarks, the Trademarks). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Sara Diamonds Trademarks inures to our benefit.
Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
6. COMMUNICATIONS TO US; USER SUBMISSIONS; AND PUBLICITY
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you.
As noted above, the Platform provides Users the ability to post and upload User Content. You expressly acknowledge and agree that once you submit your User Content, it will be accessible by others and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make publicly available. YOU, AND NOT SARA DIAMONDS PRIVATE LIMITEDARE ENTIRELY RESPONSIBLE FOR ALL THE USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM.
You retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby irrevocably grant us and our sublicenses and assignees a non-exclusive, transferable, perpetual, royalty-free, freely sub licensable (through multiple tiers) license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) any and all of your User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. Without limiting the foregoing, you acknowledge and agree that uses of your User Content permitted by the foregoing rights and licenses may include the display of such User Content adjacent to advertising and other material or content, including for profit.
If you submit User Content to us, each such submission constitutes a representation and warranty that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under this Section, and that it and its use by Sara Diamonds and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our community guidelines.
7. NO WARRANTIES/LIMITATION OF LIABILITY
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE PLATFORM. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE PLATFORM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE PLATFORM AND THE CONTENT AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE OR THAT THE PLATFORM, ITS SERVERS, OR THEIR CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE PLATFORM OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE PLATFORM AND THE CONTENT ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
OTHER THAN IN CONNECTION WITH OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT: (I) WE SHALL NOT BE LIABLE TO YOU (OR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST REVENUES OR PROFITS, OR LOSS OF GOODWILL OR REPUTATION) WITH RESPECT TO ANY CLAIMS BASED ON CONTRACT, TORT OR OTHERWISE (INCLUDING NEGLIGENCE AND STRICT LIABILITY) ARISING OUT OF OR RELATING TO THIS AGREEMENT; AND (II) OUR MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE AGGREGATE AMOUNT OF INSURANCE PROCEEDS WE COLLECT IN CONNECTION WITH SUCH CLAIM.
THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE PLATFORM. THE PLATFORM MAY CONTAIN INFORMATION ON SERVICES WHICH ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE ON THE PLATFORM DOES NOT IMPLY THAT SUCH SERVICE IS OR WILL BE AVAILABLE TO YOU. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PLATFORM AT ANY TIME WITHOUT NOTICE.
8. EXTERNAL SITES
The Platform may contain links to third-party websites (External Sites). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or any of your Transactions or your access to, use, or misuse of the Platform, the Content, or our services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
10. COMPLIANCE WITH APPLICABLE LAWS
The Platform is based in India. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of India. If you access the Platform or the Content from outside of India, you do so at your own risk. Whether inside or outside of India, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
11. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Platform, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability.
12. DIGITAL MILLENNIUM COPYRIGHT ACT
Sara Diamonds respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the Act) for the receipt of any notification of claimed infringement, which may be given under that Act is as follows:
Sara Diamonds Private Limited,
EW1130, Bharat Diamond Bourse,
G Block, Bandra-Kurla Complex,
Bandra (East), Mumbai - 400 051 India.
If you believe that your work has been copied on the Platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
This Agreement is governed by the internal substantive laws of the State of Maharashtra, without respect to its conflict of laws provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of Maharashtra; and (ii) that the Services shall be deemed passive do not give rise to personal jurisdiction over Sara Diamonds Private Limitedeither specific or general, in jurisdictions other than Maharashtra.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM, THIS AGREEMENT, OR OUR SERVICES MUST COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: Intellectual Property, Communications to Us; User Submissions; and Publicity, No Warranties/Limitation of Liability, Indemnification, Termination of the Agreement, and Miscellaneous.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Copyright 2014 Sara Diamonds Private Limited. All rights reserved.