Privacy Policy

Terms of Service

Updated: September 2024

1. Who we are and how to contact us

www.Diamondsb2b.com (“Website”) is a website operated by lexus software services, INDIA (“Company”, “us” or “we”). We are registered in INDIA under company and have our registered office at L-31 & 32, Gangotri Tower, Kesarba Market, Gotalawadi, Katargam, Surat-395004 GSTIN: 24AABFL5707E1ZQ. We are a Partnership firm.

Our Website offers a powerful marketplace for businesses to buy and sell Semi Polish or Polish and Rough diamonds ,both Natural & Lab Grown, Colourless and Fancy color, Loose and jewelries. These are the general terms of use of our Website (including the platform available on or through it). These terms apply to all users of the Website.

If you have any questions about these terms, or about our Website more generally, please contact us. To contact us, please email us from our Website.

2. By using our website you accept these terms

By visiting or using our Website, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our Website.

We recommend that you print or save a copy of these terms for future reference.

The term “you” or “your” refers to any user or viewer of the Website.

3. There are other terms that apply

These terms incorporate by reference the following additional terms, which also apply to your use of our Website.

our Privacy Policy , described further under “How we may use your personal information” below; and

our , which sets out our anti-money laundering policies and procedures. Use of our Website is conditional upon agreement to and compliance with our

If you purchase or supply goods or services from or through our Website, our Terms and Conditions of Supply and/or Purchase (as applicable) will apply to such purchase or supply.

In the event of any conflict or inconsistency between any of the provisions described in these terms of use and any of the other policies/terms and conditions, the relevant policy/terms and conditions listed first in the following list will prevail:

4. We may make changes to these terms

We may amend these terms from time to time. The most recently published version of these terms will apply each time you access or use the Website. Every time you wish to use our Website, please check for any changes to these terms.

5. We may make changes to our website

We may update and change our Website from time to time to reflect changes to our online marketplace, products, our users’ needs and our business. We will try to give you reasonable notice of any major changes.

6. We may suspend or withdraw our website

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any significant suspension or withdrawal.

You are responsible for ensuring that all persons who access our Website through your internet connection, or who are otherwise employed or engaged by you to use the Website, are aware of these terms and all other applicable terms and conditions, and that they comply with them.

We will not be held liable for the unavailability of the Website or any of our services, including but not limited to any loss of revenue resulting from the unavailability or inability to use our Website or services.

7. Your account

To make use of our Website and services you are required to register for an account on the Website. You must provide accurate and complete information and keep your account information updated.

Compliance in full with our and the KYC procedures set out therein must be completed before any supply or purchase can be processed. We may at any time and in our sole discretion suspend or withdraw the right of anyone to access or use the Website if we consider the or the KYC procedures to have been abused or to be inadequate for any particular purpose or while we request further or replacement KYC/ information. For further information, please see our.

Access to the Website is only meant for the entity who has registered it/her/him-self with the Website and for whom a username and password has been given. The login details are not to be shared even temporarily with any third party. You may never use another person’s user account or registration information without our permission. We may close your account and deny you access to our services effective immediately unilaterally, you will be given notice when your account has been closed.

By using and creating an account on our Website you confirm that you have full capacity and authority to agree to these terms and that you are acting in your capacity as a sole trader engaged in, or on behalf of a company or firm which is engaged in (as applicable), a bona fide and legitimate business in the jewelry trade.

If you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

You are fully responsible for any purchase or other activity that occurs on your account, even if that activity is (or is alleged to be) carried out by an unauthorized third party. You are fully responsible for keeping your account details secure and the Company is not responsible for any consequences arising from unauthorized use of the account. We advise you to change your password regularly. You will notify us immediately in case of unauthorized activity on your account. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by sending a request on the from our Website.

8. How you may use material on our website

We are the owner or the licensee of all intellectual property rights in and to our Website, and in and to the material published on it. Those works are protected by copyright laws and treaties around the world as well as various other intellectual property rights. All such rights are reserved.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

You must not use any part of the content on our Website for commercial purposes without obtaining a license to do so from us or our licensors. Unauthorized use of data or content downloaded from the Website for any commercial purposes, or passing the information contained in the website to third parties, is strictly forbidden and may lead to legal action. Users may NOT republish, scrape, reproduce, re-distribute or copy any of the content on this Website. It is particularly forbidden to link or embed any information on this Website to any platform or similar technology or sales channel without written approval from the Company. You must not attempt to reverse engineer or derive any source code or algorithms of our Website.

If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9. Do not rely on information on this website

The content on our Website 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 before taking, or refraining from, any action on the basis of the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our Website is accurate, complete or up to date (including information relating to available stock listed on our Website). We do not guarantee any minimum stock availability.

All products and services listed on our Website are invitations to treat and not offers. An offer is made by you when you request a product or service and a contract is formed when that offer is accepted by us in accordance with our terms of supply and purchase from time to time.

10. We are not responsible for websites we link to

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them.

We have no control over the contents of those websites or resources.

11. Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Our liability may further be limited in relation to the supply of goods via the marketplace on the Website as indicated in our Supply of Goods Terms and Conditions.

No warranties, conditions, representations or other promises of any kind are made in relation to our Website or any product or service listed on our Website unless expressly stated otherwise in writing. All implied terms (whether by statute or under common law) are accordingly, to the extent permitted by law, excluded and disapplied.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

We will under no circumstances be liable for:

12. How we may use your personal information

We will use your personal information as set out in our Privacy Policy, the terms of which are expressly incorporated herein by reference. By using our Website, you agree to the terms and conditions of our Privacy Policy from time to time.

13. We are not responsible for viruses and you must not introduce them

We do not guarantee that our Website will be secure or free from bugs, vulnerabilities or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, vulnerabilities, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

14. Rules about linking to our website and links provided on our website

You may link to a web page that is publicly accessible (i.e. does not require a login), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

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 to our Website in any website that is not owned by you.

Our Website must not be framed on any other website.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Website other than that set out above, please contact us by sending a message on the contact page of our Website.

This Website provides links to third party websites, including but not limited to GIA certificates, images and videos of goods. You acknowledge and agree that we are not responsible for the content and or availability of such external websites or resources.

15. Which country’s laws apply to any disputes?

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Indian law. We both agree to the exclusive jurisdiction of the courts of India only.

Welcome to Diamondsb2b.com The Diamondsb2b.com website (the “Website”), the Diamondsb2b mobile applications (including Diamondsb2b Expo and Diamondsb2b Online Auction House) (the “Mobile Apps”), the Virtual Inventory Management System (“VIMS”), the Diamondsb2b API’s (“API’s”), and services offered by Diamondsb2b in connection with the Mobile Apps, VIMS, the API’s and the Website (the “Services”) (the Website, the Mobile Apps, VIMS, API’s, and the Services, collectively, the “Offerings”) are provided by Diamondsb2b.com, Inc. (“Diamondsb2b” “ we” or “us”). The Website and Mobile Apps (together, the “Platform”) provide a means to enable persons or enterprises (“you” or the “Customer”) who wish to purchase or sell diamonds and other gemstones to find sellers or purchasers of the same. VIMS and API’s are additional options allowing sellers in the industry to leverage certain parts of Diamondsb2b’s Platform and solutions to enhance their selling and marketing.

The Following Agreement Describes The Terms Of Service Upon Which Diamondsb2b Offers You Access To And Usage Of The Offerings.

These terms of service (these “Terms”) constitute a legal agreement between you and Diamondsb2b. In order to use the Offerings, you must agree to these Terms. By clicking the “I AGREE” button that follows these Terms or by accessing or using the Website, the Mobile Apps, VIMS, the API’s or receiving any Services, including downloading and installing any of the Mobile Apps, you hereby expressly acknowledge and agree to be bound by these Terms and any future amendments and additions to these Terms made by us at any time as provided herein. If You Do Not Agree To The Terms, You May Not Use Our Offerings.

Changes To Terms Of Service

We reserve the right to modify these Terms or our policies relating to the Offerings at any time, effective upon posting of an updated version of these Terms on the Platform. You are responsible for regularly reviewing these Terms. Continued use of an Offering after any such changes will constitute your consent to such changes.

User Agreement

In order to access any Offering, you will be required to register for a Diamondsb2b account (an “Account”). You agree to: (a) provide true, accurate, current and complete information about yourself when registering for an Account; (b) maintain and promptly update your Account to keep it true, accurate, current and complete; (c) review the applicable fees, if any (the fees are accessible on the Website), to be charged for your use of the applicable Offering (the “Fees”); and (d) authorize Diamondsb2b or its third party service providers to invoice you for any and all Fees incurred by you for your use of the Platform or Services in accordance with the fees set forth on the Website or in any SOW agreed upon you and Diamondsb2b, with payment due immediately (in no event more than 30 days after issuance of such invoice unless otherwise set forth in an applicable SOW). It is your responsibility to monitor your usage of the respective Offering and pay for any additional Fees incurred if your usage exceeds any pre-allocated amounts. You are responsible for all reasonable costs incurred by Diamondsb2b in attempting to obtain payment of Fees, including any attorneys’ fees, collection agency fees, interest fees and court costs. If we have reasonable grounds to suspect that any information provided by you is untrue, inaccurate, not current or incomplete, or if we suspect that you are in violation of, or reasonably likely to be in violation of, these Terms, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Offerings.

Term Of Subscription

The term of your subscription for an Offering will commence as of the date you complete your registration form on the Mobile App or the Website or execute an SOW, as applicable (“Subscription Date”) and, unless earlier terminated in accordance with these Terms, will continue for one year (“Initial Term”). At the expiration of such Initial Term or any Renewal Term, your subscription will be automatically renewed for an additional one-year term (each, a “Renewal Term”) (with the Initial Term, the “Term”).

Termination

Diamondsb2b may terminate or restrict your Account, including your right to access and use any Offering, in whole or in part, as follows: For Cause. Immediately (a) in order to comply with applicable law or instructions from any governmental agency or authority; (b) if Diamondsb2b, in its sole discretion, suspects that you are using an Offering in a manner not permitted by these Terms; or (3) upon any breach of these Terms.

For Convenience. For convenience, upon notice by Diamondsb2b to you for any reason.

Effects Of Termination

Upon the expiration or earlier termination of your Account or rights to use an Offering, for any reason: (a) you will no longer be authorized to access or use the Mobile Apps or the Website, or VIMS or the APIs (if applicable), or otherwise use any of the features or Services offered by or through the Mobile Apps or the Website; (b) Diamondsb2b may delete any Content (as hereinafter defined) associated with you or your Account; and (c) all rights and obligations of the parties under these Terms shall expire, except those rights and obligations intended to survive, including the sections titled Effects of Termination, Disclaimer of Warranties, Intellectual Property, Indemnification, Limitation on Liability and General. For any termination by Diamondsb2b for convenience, Diamondsb2b shall refund to you a pro-rata portion of any prepaid fees, based on the time remaining in the Term. Diamondsb2b shall have no other liability in the event of termination or expiration.

Warranties And Representations

You represent and warrant to Diamondsb2b that you will: (a) maintain the security of your user identification and password for the Account; (b) be responsible for all charges resulting from the use of your Account, including but not limited to, unauthorized use of your Account prior to you notifying us in writing of such use and taking steps to prevent its further occurrence by changing your password; (d) not access or use the Offerings except as expressly permitted by these Terms and any additional instructions, guidelines or policies issued by Diamondsb2b; (e) comply with all applicable indian and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Offerings; and (f) not access or use the Offerings in order to develop a competing product or service.

You further represent, warrant and covenant that: (i) you are at least 18 years old and have the power, and authority to enter into and perform your obligations under these Terms; (ii) you are a diamond or gemstone manufacturer, vendor, store owner, jewelry designer, diamond or gemstone broker, or other individual or entity engaged in the jewelry industry; (iii) all information you provide to Diamondsb2b is truthful, accurate and complete; (iv) if you pay any Fees by credit card, you are authorized, or have the permission of the authorized signatory of the credit card, to pay any Fees incurred from use of the Offerings; and (v) if you are accessing or using the Offerings on behalf of a corporate entity, that you are authorized to enter into, and bind such entity to, these Terms. You agree that you:

will only use the Offerings for lawful purposes; will not use the Offerings for sending or storing any unlawful material or for fraudulent purposes; · will not use the Offerings to cause nuisance, noyance or inconvenience; will not impair the proper operation of the network; will not try to harm the Offerings in any way whatsoever; will provide us with whatever proof of identity we may reasonably request; are aware that when requesting Services using SMS, standard-messaging charges will apply.

Privacy

You acknowledge that when you download, install, or use a Mobile App, Diamondsb2b may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device and about your use of the Mobile App, in addition to any information Diamondsb2b requires you to provide as a condition to downloading, installing, or using the Mobile App. All information we collect through or in connection with the Mobile Apps or the Website is subject to our privacy policy, as amended from time to time, available at https://Diamondsb2b.COM/privacy-policy/ (“Privacy Policy), which is hereby incorporated into these Terms by reference. You should carefully read our full Privacy Policy before using the Offerings. You explicitly consent to the collection, hosting, use, processing or handling of information as set forth in our Privacy Policy.

Content

You understand that all postings, messages, information, suggestions, ideas, data, text, files, images, photos, pictures, graphics, audio and video clips or other materials posted on, transmitted through, or linked on the Platform or other Offerings by users (collectively, the “Content”), are the sole responsibility of the person who submitted such Content. By submitting any Content to the Platform or other Offerings, you hereby grant Diamondsb2b a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, use and distribute the Content in any medium for commercial and non-commercial purposes. By submitting Content, you warrant and represent that you own or otherwise control all of the rights to your Content including, without limitation, all the intellectual property and all rights necessary for you to provide, post, upload, input or submit the Content to us or the Platform or other Offerings. Diamondsb2b has no obligation to monitor user-submitted Content.

Intellectual Property

The Offerings are protected by copyrights, trademarks, trade secrets and other proprietary rights of Diamondsb2b and its licensors, whether registered or unregistered (collectively, the “Intellectual Property”). Diamondsb2b and its licensors own and shall retain all right, title, and interest in and to the Mobile Apps, the Website, the API’s, VIMS and all content displayed therein, to the extent such content is developed by Diamondsb2b or its licensors (excluding user-submitted Content), including all Intellectual Property therein, except as expressly granted to you in these Terms.

License; Restrictions

Subject to your compliance with these Terms, Diamondsb2b grants you a limited, revocable, non-exclusive, worldwide, and non-transferable license to: (a) access and use the Website in connection with your use of the Mobile Apps; (b) download, install, access and use the Mobile Apps for your own use on a mobile device owned or otherwise controlled by you; (c) if applicable for Android devices, share the Mobile Apps directly with family members in a single family group on Google Play, and (d) if applicable, access and use VIMS in connection with your own internal business purposes, and (e), if applicable, access and use the API’s solely to pull certain inventory data from the Diamondsb2b Platform to your system to offer for sale to your customers.

You understand and agree that except as expressly permitted by applicable law or these Terms, neither you nor a third party acting on your behalf will: (i) decompile, disassemble or reverse engineer the Offerings or any portion thereof; (ii) copy, reproduce, sell, modify, create derivative works of or otherwise exploit the Offerings or any portion thereof; (iii) use the Offerings in any manner to provide service bureau, commercial time-sharing or other computer services to third parties; (iv) use components of the Mobile Apps to run applications not running on the Mobile App; (v) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Mobile Apps, VIMS or the Website, including any copy thereof; (vi) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Mobile Apps, VIMS, the API’s or the Website; or (vii) as to iOS devices, use the Mobile Apps in contravention of the Usage Rules set forth in the Apple App Store Terms of Service.

You hereby agree that you will: (1) only use the Mobile Apps to access and use the Platform and Services; (2) not authorize any third party to access or use the Offerings on your behalf using any automated process such as a BOT, a spider or periodic caching of information stored by the Service on your behalf; (3) not use any software or hardware that reduces the number of users directly accessing or using the Offerings (sometimes called ‘multiplexing’ or ‘pooling’ software or hardware); (4) allow the Mobile Apps to automatically download and install updates from time to time, which are designed to improve, enhance and further develop the Mobile Apps and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.

It is your responsibility to check to ensure you download the correct Mobile App for your device. Diamondsb2b is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Mobile App. Diamondsb2b reserves the right to terminate your Account should you use the Platform and Services with an unauthorized device.

iOS Devices: In the event of any failure of a Mobile App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the Mobile App (if any) to you; however, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any applicable warranty will be VSB’s responsibility. For clarity, Apple will have no liability with respect to Fees paid other than the purchase price (if any) for the Mobile Apps.

Android Devices: You may submit an online request at the Google Play Store at any time within 48 hours after your purchase, and Google may refund to you the purchase price (if any) for the Mobile Apps; however, to the extent permitted by applicable law, Google will have no other warranty obligations whatsoever with respect to the Mobile Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any applicable warranty will be the Diamondsb2b’s responsibility. For clarity, Google will have no liability with respect to Fees paid other than the purchase price (if any) of the Mobile Apps.

Payment, Pricing And Promotions

Any Fees are due immediately in accordance with the pricing schedule on the Website or otherwise made available to you and are non-refundable (except as specifically provided in these Terms), unless a prior invoicing arrangement has been made with Diamondsb2b in writing. Diamondsb2b reserves the right to determine final prevailing pricing – please note the pricing information published on the website may not reflect the prevailing pricing, which if it differs from what’s published on the Website, shall be subject to prior written agreement by you.

Diamondsb2b may make promotional offers to some or all of its customers. These offers may include different features and rates. Unless offered to you, these promotional offers will not change your existing rates or the Terms. Diamondsb2b may change its Fees at any time for any reason; provided, however, that in the event of such increase in Fees, you may terminate for convenience and receive a pro-rata refund of any prepaid Fees.

Third Party Interactions

During use of the Offerings, you may enter into correspondence with, purchase goods and/or services from, enter into promotions with, or otherwise interact with third parties or other users of the Offerings. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. Diamondsb2b and its licensors will have no liability, obligation or responsibility for any such interaction between you and any such third party. Diamondsb2b does not endorse any users, providers or sites on the Internet that are linked through the Offerings, and in no event will Diamondsb2b or its licensors be responsible for any content, products, services or other materials on or available from such users, sites or third-party providers. To the extent any portion of the Offerings contains opinions provided by third party users of the Platform, such opinions are the opinions of the individual author and may not reflect the opinions of Diamondsb2b or any of its employees. Certain third-party providers of goods and services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Diamondsb2b disclaims any and all responsibility or liability arising from such agreements between you and the third party providers. We reserve the right, but have no obligation, to monitor disputes between users of the Offerings. Any dispute between you and another user, including sellers, must be resolved between yourselves. If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their current, future and former officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Diamondsb2b may utilize third-party advertising and marketing supplied through the Offerings and other mechanisms to subsidize the Offerings. By agreeing to these Terms you agree to receive such advertising and marketing. Diamondsb2b may compile and release information regarding you and your use of the Offerings on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Offerings.

Indemnification

You agree that you will indemnify and hold Diamondsb2b, its licensors and their respective parent organizations, subsidiaries and affiliates and their respective current, future and former officers, directors, users, employees, attorneys and agents, and their successors or assigns (collectively, the “Indemnified Parties”) harmless from and against any and all costs, damages, losses, liabilities, expenses (including attorneys’ fees and costs) and other amounts, and if directed by Diamondsb2b, will defend the Indemnified Parties against all claims arising out of or in connection with: (a) your violation or breach of these Terms, including any additional instructions, guidelines or policies issued by Diamondsb2b; (b) the infringement, misappropriation or other violation of any patent, trademark, copyright, trade secret or other intellectual property or proprietary right of a third party by the Content or any other information or materials provided by you or by the use thereof by Diamondsb2b; or (c) fraud committed by, or the intentional misconduct, criminal acts or gross negligence of, you, or (d) your use or misuse of the Offerings, and (e) your interaction with a third party through the Offerings.

Disclaimer Of Warranties

Diamondsb2b Does Not Represent Or Warrant That (A) The Use Of The Offerings Will Be Secure, Timely, Uninterrupted Or Error-Free Or Operate In Combination With Any Other Hardware, Application, System Or Data, (B) The Offerings Will Meet Your Requirements Or Expectations, (C) Any Stored Data Or Content, Including Without Limitation Product Descriptions Provided By Third Parties, Will Be Accurate, Complete, Reliable Or Error-Free, (D) The Quality Of Any Products, Services, Information, Or Other Material Purchased Or Obtained By You In Connection With The Offerings Will Meet Your Requirements Or Expectations, And Diamondsb2b Makes No Express Or Implied Warranties Or Guarantees Related To Any Such Products, Services, Information Or Other Material (“Third-Party Products”) Or Sellers Of Such Third-Party Products And Shall Have No Liability With Respect To Such Third-Party Products Or Your Purchase Of Such Third-Party Products, (E) Errors Or Defects In The Offerings Will Be Corrected, Or (F) The Platform, Vims Or The Api’s, Or The Server(S) That Make The Platform, Vims Or Api’s Available, Are Free Of Viruses Or Other Harmful Components. The Offerings Are Provided To You Strictly On An “As Is” Basis. All Conditions, Representations And Warranties, Whether Express, Implied, Statutory Or Otherwise, Including, Without Limitation, Any Implied Warranty Of Merchantability, Fitness For A Particular Purpose, Accuracy Or Non-Infringement, Are Hereby Disclaimed To The Maximum Extent Permitted By Applicable Law By Diamondsb2b. Diamondsb2b Assumes No Liability For The Use Or Interpretation Of Information Contained Herein. You Acknowledge And Agree That The Entire Risk Arising Out Of Your Use Of The Offerings, And Any Third Party Services Or Products, Remains Solely With You, To The Maximum Extent Permitted By Law. The Offerings May Be Subject To Limitations, Delays, And Other Problems Inherent In The Use Of The Internet And Electronic Communications. Diamondsb2b Is Not Responsible For Any Delays, Delivery Failures, Or Other Damage Resulting From Such Problems.

Limitation Of Liability

In No Event Will Diamondsb2b Or Its Licensors Be Liable To Anyone For Any Direct, Indirect, Punitive, Special, Exemplary, Incidental, Consequential Or Other Damages Of Any Type Or Kind (Including Personal Injury, Loss Of Data, Denials Of Service (Including Computer Crashes), Revenue, Profits, Use Or Other Economic Advantage)Arising Out Of, Or In Any Way Connected With The Offerings, Including But Not Limited To The Use Or Inability To Use The Any Offering, Any Reliance Placed By You On The Completeness, Accuracy Or Existence Of Any Content On The Platform Or Vims Or Provided Through An Api, Or As A Result Of Any Relationship Or Transaction Between You And Any Third Party Whose Advertising, Content Or Products Appear On The Platform Or Vims Or Through An Api Or Who Is Referred Through The Platform, Even If Diamondsb2b Or Its Licensors Have Been Previously Advised Of The Possibility Of Such Damages. If Diamondsb2b Cannot Lawfully Disclaim Liability For Any Of The Foregoing Damages, Then Diamondsb2b Maximum Liability To You Is Limited To The Purchase Price Paid By You For Use Of The Respective Offering During The Immediately Preceding 12 Months. These Limitations Apply Even If Any Other Remedies Available To You Fail Of Their Essential Purpose.

General Provisions

Notice

Diamondsb2b may give notice by means of a general notice on the Platform, electronic mail to your email address on record, or by written communication sent by first class mail or pre-paid post to your address on record. Any notice will be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Diamondsb2b at any time by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Diamondsb2b at the following addresses: Surat. All notices sent by you will be deemed given when actually received by Diamondsb2b. You agree that any notice, agreements, disclosures, or other communications that we provide to you electronically, at the email address provided by you during the registration process, or when posted on the Mobile Apps or the Website, satisfy any legal requirements that such communications be in writing.

Disclosure

Diamondsb2b may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Offerings, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Diamondsb2b’s rights or property, or the rights or property of visitors to or users of the Offerings, including Diamondsb2b’s customers. Diamondsb2b reserves the right at all times to disclose any information that Diamondsb2b deems necessary to comply with or is permitted by any applicable law, regulation, legal process or governmental request, including exchanging information with other companies and organizations for fraud protection purposes.

Governing Law

All rights and obligations of you or Diamondsb2b relating to these Terms will be governed by and construed in accordance with the laws of the State of Surat, including its conflicts of law rules. You agree that any dispute arising from or relating to the subject matter of these Terms will be governed by the exclusive jurisdiction and venue of the state and federal courts of Surat, Surat.

Injunctive Relief

You acknowledge and agree that any violation by you of these Terms will cause irreparable harm to Diamondsb2b, for which monetary damages would be inadequate, and you consent to Diamondsb2b obtaining any injunctive or equitable relief that Diamondsb2b deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Diamondsb2b may have at law or in equity.

Limitation On Claims

No action arising out of, in connection with, or relating to these Terms or the subject of these Terms shall be brought by You more than one (1) year after the accrual of the cause of action. This period shall not be extended for any reason, except by the written consent of both parties. All statutes or provisions of law which would toll or otherwise affect the running of the period of limitation are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph.

Severability

You and Diamondsb2b agree that if any portion of these Terms or of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which will continue to be in full force and effect, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.

Assignment

Diamondsb2b may assign or delegate its rights and obligations under these Terms and the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without Diamondsb2b’s prior written consent, which may be withheld in its sole discretion, and any unauthorized assignment and delegation by you is void and ineffective.

Entire Agreement

These Terms and any documents expressly incorporated by reference herein (including the Privacy Policy), any additional instructions, guidelines or policies issued by Diamondsb2b, including those posted in the Mobile Apps, VIMS, or on the Website, contain the entire understanding of you and Diamondsb2b, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Diamondsb2b with respect to the Offerings.

No Waiver

The failure of Diamondsb2b to require or enforce strict performance by you of any provision of these Terms or the Privacy Policy or failure to exercise any right under them will not be construed as a waiver or relinquishment of Diamondsb2b’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Diamondsb2b of any provision, condition, or requirement of these Terms or the Privacy Policy will not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by Diamondsb2b will be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Diamondsb2b.

Force Majeure

Diamondsb2b will not be liable for any delay or failure to perform its obligations under these Terms resulting from causes outside of its reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond Diamondsb2b’s control such as, but not limited to, acts of God, war, terrorism, riots, pandemic, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure or telecommunications failures, unauthorized access to Diamondsb2b’s information technology systems by third parties, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Contact Diamondsb2b

If you have a question or concern about these Terms, please contact Diamondsb2b Support by mail: Diamondsb2b Lexus Software services Tel +91 98980 53305 / + 91 261 229 0555 sunil@lexusindia.in

DMCA Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Website or the Mobile Apps, you may notify our copyright agent, as set forth in the Copyright Act of 1998 .For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:

The above information must be submitted as a written notification to the following Designated Agent:

Attn: Copyright Compliance Department Lexus Software services

Diamondsb2b takes steps intended to meet privacy principles and requirements with respect to personal information under applicable privacy legislation. This Privacy Policy (the Policy) applies to services offered by Diamondsb2b, its subsidiaries and affiliated companies (the Solutions) under the domain and subdomains of www.Diamondsb2b.com (the Site). Diamondsb2b cares about your privacy and is committed to protecting it by adhering to the Policy.

This Policy describes the information that we collect from you as part of the normal operation of our services and what may happen to that information. Our subsidiaries and affiliated companies operate under similar privacy practices as described in this Policy and, subject to the requirements of applicable law, we strive to provide a consistent set of privacy practices throughout our global www.Diamondsb2b.com user community. For the purposes of this Policy, personal information means information about an identifiable individual.

By accepting the Policy, you expressly consent to the collection, use and disclosure of your personal information in accordance with this Policy.

Collection and use of personal information

In order to use certain features of our Solutions, we may request that you provide certain personal information. We only collect personal information that is necessary to provide you with our different services. Where possible, we indicate which fields are required and which fields are optional.

We may also use the personal information we collect to communicate with you, including through tailored marketing messages and transactional emails, about products and services offered by, to conduct, process and complete transactions with clients, to meet legal, regulatory, insurance, security and processing requirements, and otherwise with your consent, or as permitted or required by law.

Unless otherwise permitted or required by applicable laws or regulations, we will retain your personal information only as long as necessary to fulfill the purposes for which it was collected, including for the purpose of satisfying legal, accounting or auditing requirements. Furthermore, Diamondsb2b does not sell your information to third parties.

Collection and use of Customer Data

Certain services may require our clients to provide us with their customers’ personal information. When we collect and use personal information on the instructions of our customers, we are acting as a service provider/data processor to that client, processing personal information on their behalf, and we refer to this data as “Customer Data”. We may also use Customer Data on an aggregated and non-identifiable basis to improve and enhance our product and service offerings.

We rely on our clients to comply with all applicable privacy laws when collecting, using, or disclosing personal information through the services, including by obtaining appropriate consent prior to collecting, using, and disclosing personal information through the services. Where required by law, we sign agreements framing this sharing of personal information.

If you have any questions regarding the personal information we process on behalf of a client, please contact the client directly and/or review their applicable privacy policy.

Disclosure of personal information

Diamondsb2b will only disclose your personal information with your consent or if it has legal authority to do so, such as in the following contexts:

International storing and transfer of personal information

In order for us to carry out the services offered by our Solutions, the personal information may be processed by us (or our third-party service providers) Diamondsb2b may collect, use, disclose, store or process personal information on servers located on servers other than where you reside, including Quebec, another Canadian province or the India, for the purposes described within this Policy. Please note that the privacy laws in such jurisdictions may differ from Quebec and Canada privacy laws. Reasonable contractual or other measures we may take to protect your personal information while processed or handled by these service providers are subject to applicable foreign legal requirements, including lawful requirements to disclose personal information to government authorities and law enforcement in certain circumstances. By submitting your personal information or engaging with the Site or one of its subdomains, you consent to such transfer and storage.

If you would like to obtain more information about Diamondsb2b’s policies and practices with respect to the transfer and processing of personal information outside of Canada and/or Quebec, please contact Diamondsb2b’s Privacy Officer in any of the ways described in the “Contact Us” section of this Privacy Policy.

Cookies and other tracking technologies

When you visit our Site, we use cookies and similar technologies to collect information about your visit to our Site to remember your preferences and settings when you navigate through our Site. The information collected include: your IP address, the date and time of your visit, the pages you visit, the features you use, the referring URL you came from and which one you go to after, clickstream behavior (i.e. the pages you view, the links you click, and other actions you take in connection with our website), your browser type and selected language.

We use this information to do internal research on our users’ demographics, interests, and behaviour to better understand, protect and serve you and our community, and to improve our services. We may use both session and persistent cookies. A “session cookie” expires immediately when you end your session (i.e. close your browser). A “persistent cookie” stores information on the hard drive so when you end your session and return to our Site at a later date, the cookie information is still available. The cookies placed by our server are readable only by us, and cookies cannot access, read or modify any other data on a computer.

We also use Google Analytics to better understand who is using our Site, and how people are using it. Google Analytics uses cookies to collect information such as Site pages visited, places where users click, time spent on each Site page, Internet Protocol address, type of operating system used, and location. Please see http://www.google.com/policies/privacy/partners/ for information about how Google Analytics uses this information. Google may track your activity over time and across websites. Once again, such information is used to target advertisements and content that may be of interest to you, and also to provide statistical insight through features such as Google Analytics and Google Ads.

Many web browsers allow you to manage your preferences. You can set your browser to refuse cookies or delete certain cookies. You may be able to manage other technologies in the same way that you manage cookies using your browser’s preference. In some instances, tracking tools used by third-party service providers may be disabled. For example, Google allows you to deactivate cookies designed to target ads by accessing the Opt-Out page of its main website. Google Analytics may also be deactivated, once you download the browser add-on available for that purpose. You may also decline the use of cookies by other third-party vendors by logging on to the Network Advertising Initiative consumer deactivation page.

Links to other sites

Subdomains operated by Diamondsb2b are designated as “powered by Diamondsb2b / Lexus Grouo ”. We may offer links to other websites controlled by other entities. We are not responsible for, nor do we accept any liability for how such other entities collect, use, and disclose personal information. You should consult the privacy policies of these other websites before providing any personal information.

Security

We take reasonable steps to protect the personal information in our custody or control using physical, electronic or procedural security measures, including firewalls and encryption, that are appropriate having regard to the nature and sensitivity of the information. We take reasonable measures to limit access to this data to authorized employees and contractors who need to know that information in order to perform, develop or improve our Services.

Please note that the safety and security of your information is also your responsibility. If you have chosen a password to access certain parts of the Solutions, you are responsible for keeping this password confidential. We ask that you do not share your password with anyone.

However, please note that no security measures can offer absolute security.

Accessing, correcting and deleting personal information

It is important that the personal information we hold about you is accurate and up to date. Please keep us informed if your personal information changes. By law, you have the right to request access to and/or correction of the personal information we hold about you.

If you wish to review, verify, correct, or withdraw your consent to the use of your personal information, you may also send us an email to sunil@lexusindia.in to request access, correction, or deletion of any personal information you have provided to us. We may not accept a request to change information if we believe that the change would violate a law or legal requirement or result in incorrect information.

Before providing you with access to your information, we may ask you for specific information to help us confirm your identity and right of access, and to provide you with the personal information we hold about you, or to make the requested changes. In some cases, applicable law requires us to refuse to provide you with access to some or all of the personal information we hold about you, or that we may have destroyed, erased or made anonymous in accordance with our legal record-keeping obligations and privacy best practices.

Please note that if you request deletion of certain information, we may not be able to provide you with certain services. We will explain the consequences of deletion at that time to assist you in your decision.

If we are unable to provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions. Such restrictions may include, for example, information about another individual that would reveal their personal information or confidential business information, or would be prohibitively costly to provide.

Privacy rights for California residents

If you are any special resident, you have certain privacy rights under the Consumer Privacy Act (CPA) regarding your personal information. These include:

You can submit requests about your information to sunil@lexusindia.in

You may only make two requests over a 12-month period. Diamondsb2b will respond to your request within 45 days of receiving your request, and will provide information from the 12-month period prior to your request.

There are some exceptions to these requests. For example, Diamondsb2b can keep your personal information for certain business purposes, such as processing payments for subscription or undertaking internal research for our technological developments. Additionally, the CPA provides for certain exemptions, such that requests under the CPA cannot prevent Diamondsb2b’s ability to:

In some instances, Diamondsb2b may refuse to respond to such a request based on an exemption, a legal requirement, or other business or legal policy. Diamondsb2b will inform you as to the basis for refusing any such request.

Privacy Policy changes

This Policy is effective as of the last updated date above and may be revised from time to time. If we intend to use or disclose personal information for purposes materially different than those described in this Policy, we will make reasonable efforts to notify you of this, including by posting the revised Policy on our Site. Your continued provision of personal information or use of our Site following any changes to this Policy constitutes your acceptance of any such changes.

Contact us

If you have any questions or concerns about the Policy, or if you wish to make a complaint, please contact our Privacy Officer at sunil@lexusindia.in

Code of Conduct

Member Code of Conduct

GENERAL

Members ensure that access to their Diamondsb2b account is kept confidential and not shared with anyone outside of the company.

Members also agree to use the site in good faith usage. No content or information on the site or any other of Diamondsb2b’s services should be shared outside of Diamondsb2b without Diamondsb2b’s explicit written consent. Member content and information, including but not limited to company contact details, cannot be used for anything other than the benefit of the business entity that registered and was approved by Diamondsb2b for membership.

In their business dealings, Members agree to act in an ethical manner, and abide by all applicable local, state, federal and international laws.

Forums & Online Public Discussions

Members agree that they will engage in respectful, professional discussions. Debate is welcome, but personal discriminations, attacks, insults, defamatory, libelous, obscene, violent, scandalous, unlawfully or otherwise threatening, or unlawfully or otherwise harassing posts will not be tolerated. Insults – racial, ethnic, gender, politically-based or otherwise – are also not tolerated. Content or comments that have the intent of being inflammatory or provoking arguments or like responses are not allowed. Likewise, profanities, sexual content, or anything deemed to be inappropriate or unprofessional is not allowed. Personal information is not to be published in public locations, such as but not limited to Diamondsb2b’s forums or Facebook page. Members must also ensure that any content posted to the Site or any other Services operated by Diamondsb2b is legal, does not contain warez or links to illegal sites, is truthful and accurate, and that any copyright, patent, trademark, or other intellectual property rights are respected.

Buying & Selling Activities

Though no transactions are completed directly on Diamondsb2b, Diamondsb2b does allow members to list items for sale and to request items to purchase. Therefore, it is important that buying and selling guidelines and best practices are followed to encourage smooth and transparent transactions.

Members agree that all items posted for sale on Diamondsb2b or through any Diamondsb2b Service be accurately described and all origins, treatments, materials or any other information relevant to the nature and value of the item be fully disclosed. Certificate information should be listed when available, along with images or online copies of the document. All images need to be of the item actually being sold. Members also agree to post, buy and sell items in accordance with the most current Federal Trade Commission guidelines, including those for the Jewelry Industry and the Guide Against Deceptive Pricing.

Accurate descriptions and disclosure should be included on all transaction documents, including a memorandum or bill of sale. It is also advisable to capture in writing the details of a transaction before the sale is concluded, including not only an accurate and detailed description of the product(s) sold/purchased, but also of the terms and shipping.

Members ensure that they are the authorized representatives for any items posted for sale on Diamondsb2b or through any of Diamondsb2b’s services.

Members are expected to uphold their financial commitments. Memoranda terms are also expected to be respected, and it the consignee’s responsibility to ensure this and that all items received on memo, if returned, are returned in the same condition as they were received, within the agreed timeline. Memo terms should be detailed on the memo document. All transactions and agreements to purchase are binding.

Members agree that they will not abuse the Site’s for sale channels by posting advertisements or flooding the channels.

Disputes

Members can open a dispute case with Diamondsb2b in the event of a dispute between 2 or more members, provided that: (i) Members have attempted to resolve the issue themselves first, (ii) The dispute is between Members for a transaction that happened on Diamondsb2b; (iii) The issue occurred within the last 12 months; (iv) Documentation is provided. Diamondsb2b will attempt to resolve the dispute, but cannot guarantee the outcome of the case will be satisfactory to any of the parties involved. Final recommendations and sanctions are at the sole discretion of Diamondsb2b, and may include temporary or permanent suspension of the Member’s subscription. Diamondsb2b may also publish any non-personal details and the results of a dispute to the rest of the Membership. Members agree that they should avoid disputes as much as possible by always ensuring items are properly described and transactions clearly documented. It is the responsibility of Members to do their due diligence when doing business with other Diamondsb2b Members.

Breaches & Enforcement

It is at Diamondsb2b’s sole discretion to determine if there is a breach to any part of these rules, to the Code of Conduct, or to any of General Terms & Conditions. Sanctions, which are to be determined at Diamondsb2b’s sole discretion depending on the severity of the breach, can include limiting, restricting or removing access temporarily or permanently to Diamondsb2b’s Site and Services. Diamondsb2b may also publish Member details and information about the breach when deemed by Diamondsb2b to be helpful for the Community.

Generally, Diamondsb2b will operate on a three strike policy for violations: The first time, a written warning will be issued. The second time, a 5-business day restriction could be placed on the Member’s access to the Site and/or any Services. The third warning could result in a temporary or permanent membership suspension. If the Member willfully violates any rules, continues to breach the Code of Conduct, Network Rules of any of the Terms and Conditions, or if the violation is deemed serious enough even on a first time violation, Diamondsb2b may, at its sole discretion, immediately revoke, suspend, or terminate the membership and/or ban the Member. While the Code of Conduct, Network Rules and Terms and Conditions cover the most common situations, they cannot anticipate everything. Consequently, Diamondsb2b reserves the right to take any actions deemed appropriate in order to ensure the smooth management and security of the network.

In addition, Member posts, content and any other information may be edited or removed by Diamondsb2b without notice.

Diamondsb2b reserves the right to randomly check a member’s business standing. Any bankruptcy filings, arrests, convictions for fraud or other crimes, may lead to that member’s expulsion from Diamondsb2b.

Diamondsb2b’s Code of Conduct, Network Rules and Terms and Conditions may be updated or changed from time to time, the current versions of which will be published on the Site (www.Diamondsb2b.com).