This sets out the Terms and Conditions (“T&Cs”) for using the website www.pleasurediamonds.com (The website) and such other websites as we may advise from time to time.
We request you to read these terms and conditions prior to placing an order. When you place an order, it will be assumed that you have understood and accepted all the terms & conditions stated. If you are uncertain on any of the terms or if you have doubts, you may email us on [email protected], or call us on +971 4 235 1992
, prior to placing an order.
Your use of the Website shall be deemed to imply your acceptance of the T&Cs as well as the “Personal Data (Privacy) Policy Statement” posted on the Website.
In these Terms and Conditions, “We” and “Us” wherever referred mean Pleasure Diamonds LLC, as the context requires, while “You” means the person using the website or the end consumer, as the context requires.
Use of the Website:
- The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations regarding the Website;
- You are prohibited from violating or attempting to violate the security of the Website, including without limitation accessing data not intended for you, logging into a server or account which you are not authorised to access, probing, scanning or testing the vulnerability of a system or network utilized by the Website, breaching the security or authentication measures adopted by us for the Website and interfering with the access to or use of the Website by other users;
- Your breach of the T&Cs, including without limitation Clause (2) above, will hold you liable;
- By using the website, you are confirming that you have completed age of 18 years;
- You may provide links to the website, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the website, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the website immediately upon request by us;
- Your right to use the website through password is not transferable or assignable, except within the right(s) of sub-user(s) you may create within your permitted authorisation at your discretion and at your responsibility;
- The website may include statements concerning our operations, strategies, and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that may be forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to uncertainties, many of which are beyond our control. When used on our website, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements.
Contents of the Website:
- The website and all materials and information presented thereon are intended for your personal information and communications;
- For the avoidance of doubt, pictures of the products on the Website are for reference only;
- We have made all the endeavors in ensuring that our website and available content thereof are precise and factual, however, we shall not be responsible or liable for any inadvertent or unintentional inaccuracies or errors;
- The Website and its contents are provided on “as is” basis at your own risk without any warranties of any kind. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether expressed or implied, in relation to the Website, the information contained therein, the products displayed thereon and the services provided thereat.
- You agree and consent that any and all comments, messages, postings, data, suggestions, designs, concepts and other items or materials (save and except for the details of your registered account maintained with us, including without limitation login ID and password) disclosed, submitted or offered to us through or in connection with the Website (collectively, “Submission”) are of non-confidential basis. We shall be under no obligation to (i) maintain any Submission, or (ii) respond to any Submission;
- We may collect and disclose any information, including personally identifiable information, we deem necessary, in our sole discretion, to comply with any applicable law and regulation, government request, or legal process. In addition, we may collect and share personally identifiable information and any other information available to us in order to investigate, prevent or take action regarding suspected fraud, illegal activities, and situations involving potential threats to the physical safety of personal as required by law. We may also exchange information, including personally identifiable information, with other organizations or law enforcement officials for credit fraud protection and risk reduction;
- You represent and warrant that no Submission by you will, in any manner, (i) violate any applicable law or regulation; or (ii) infringe the copyright, trademark, trade secrets or other intellectual property rights of others or violate the privacy or other personal rights of others;
- You agree not to upload, post, distribute or otherwise publish our Website along with any material in any manner that (i) is libelous, defamatory, obscene, pornographic, scandalous, threatening, abusive or hateful; (ii) infringes the copyright, trademark, trade secrets or other intellectual property rights of others or violates the privacy or publicity or other personal rights of others; (iii) is illegal or advocates illegal activities, (iv) advertises or solicits funds, goods, services, or disseminates any junk mails, spam, chain letters, schemes or other forms of solicitation; or (v) contains viruses, Trojan horses, worms, corrupted files, or other materials that may cause damage to another’s computer;
- You agree and consent that any Submission posted by you on the Website (including any personal data) may be accessed by the other users of the Website for the purposes of accepting, forwarding, identifying, locating and/or replying such Submission. We shall not be responsible for any improper use of content of such Submission by any third party;
- You acknowledge that we do not pre-screen or approve any Submission on the Website by its users, and agree that you shall be solely responsible for the form, content, accuracy and truthfulness of the Submission posted by you as well as all consequences of your postings on the Website. In any event, we take no responsibility whatsoever for the Submissions posted by any users of the Website, or for loss of content of any Submission, and do not make any representations or warranties regarding the content, truthfulness, reliability or accuracy of any Submission on the Website posted by its users. Any reliance by you on the Submission posted by other users of the Website shall be your own risk;
- We may not monitor the Website at all times but reserve the right to do so. We shall have the right to remove any Submission posted by you on the Website which is abusive, illegal, disruptive, or inappropriate at our sole and absolute discretion, without any compensation or recourse to you;
- We shall further have the right to limit or even ban you posting of Submission on the Website, including but not limited to the period of time of posting and the size of contents of your Submission;
- The contents of the submission on the website do not necessarily represent or reflect our views or opinion;
- You must not use our website in any way that causes, or is likely to cause it or access to it to be interrupted, damaged or impaired in any way;
- You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only;
- You must not use our website for fraudulent reasons, or in connection with any criminal offence or other unlawful activity;
- You must not use our website to send, use or reuse any material that; is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; is in breach of copyright, trademark, confidence, privacy or any other right; is otherwise injurious to third parties; consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any ‘spam’ to cause annoyance, inconvenience or needless anxiety.
Change in the Terms:
- We reserve right to add, modify, alter or vary any or more of these Terms and Conditions from time to time;
- For such addition, modification, alteration or variance, we shall post the updated Terms and Conditions on the website, which we insist to view in your own interest, before placing any order;
- If any part of the Terms and Conditions is found to be invalid by any governing laws in India at a future date, it will not invalidate the remaining terms, and all the other terms shall remain valid and in operation.
Access to Our Website :
- Given the unpredictability of technology and the online environment, we do not warrant (whether expressly or impliedly) that the function, operation or accessibility of the Website will be uninterrupted or error-free, or that the Website or the server that makes it available will be free of viruses, Trojan horses, worms or other harmful elements. We will do our best to ensure that the availability of our website is uninterrupted and error-free. However, the website could be down for repairs, maintenance, overhaul or introduction of new features and services for a limited period of time. We shall not be liable if the website is unavailable for any period of time;
- You agree that access to the Website and transmission or posting of contents and materials through the Website are undertaken at your own risk. We accept no liability whatsoever and howsoever arising and/or in connection with your use of or inability to access the Website. We shall also not be responsible or liable to you for any loss of contents or materials uploaded or transmitted through Website, or any incorrect or delayed transmission of such contents or materials;
- Whilst we endeavour to ensure the integrity of the Website and present the most updated, accurate and reliable information on the Website at all times, we make no warranty as to the timeliness, accuracy, utility, completeness or other qualities of the Website and the information therein contained, and shall not be liable for damage of any kind (whether we ought reasonably to have known or had been advised of the possibility of the same) arising from and/or in connection with your use of the Website or the information contained therein. Any error or omission on the Website shall be subject to our correction at any time without any liability on our part;
- We reserve right to terminate the website altogether, or any part of it, or remove any products or services without any prior warning. This could happen in the circumstances such as to oblige with legal requirements;
- Despite meticulous care taken, we will not be responsible for any hacking or malicious attack on our website or any financial loss arising on account of the same.
All diamonds sold online are natural diamonds that have not gone through any enhancements or treatments.
Our Stance on Conflict Diamonds:
All diamonds sold on the website are purchased from legitimate sources not involved in funding conflict diamonds, and in compliance with the Kimberley Process Certification System. We hereby guarantee that these diamonds are conflict free, based on personal knowledge and/or written guarantees provided by the supplier of the diamonds.
Item may appear larger or smaller than its actual size due to photography methods or screen defaults or desktop settings. Image may also appear larger than their actual size in order to show detail, or smaller than their actual size in order to show the entire image.
Copyrights and Copyright Agents:
- You acknowledge and agree that the materials on the Website (including without limitation text, images, layout, designs, pictures, graphics, logos, icons, brands, audio and video clips, illustrations, data compilations, software and other proprietary materials contained in the Website) are the intellectual properties owned by us, or our affiliates (including partners or relatives of partners of Pleasure Diamonds LLC) “Affiliates” – our licensors or other third parties which are protected by copyright laws and/or other intellectual property laws;
- Without prejudice to Clause (1) above, all trademarks used on the Website are the registered or unregistered marks of our or our Affiliates, which are protected by trademark laws. Nothing contained in the Website shall be construed as granting, by implication, estoppels or otherwise, any license or right to use any trademarks displayed on the Website;
- You acknowledge and agree that the materials contained in the Website are made available for your commercial or personal use only and that you may download or copy such materials solely for your commercial or personal use, provided, however, you will not delete or change the copyright, trademark and any other propriety notices contained in such materials. You will not obtain any right, title or interest in any of such materials as a result of such downloading or copying;
- You undertake that, except for your commercial or personal use, you shall not, and shall not procure, assist or facilitate any third party to copy, reproduce, transmit, publish, distribute, display, remove, delete, add to, modify, commercially exploit or create derivative works from, or sell or participate in any sale of the materials contained in the Website in whole or in part;
- Any use of the materials on the Website other than those permitted under the T&Cs is strictly prohibited.
Information and Press Releases:
The website may contain information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
You irrevocably and unconditionally agree to defend, indemnify and hold harmless us, partners of the firm, our officers, agents, employees, other representatives from and against all claims, actions, demands, liabilities, expenses, losses, damages and other costs whatsoever (including but not limited to any claims made against us by any third party) arising from and/or in connection with your use of the Website or breach of the T& Cs.
- In the event that you have attempted to breach or violate, or we suspect that you have breached or violated or attempt to breach or violate, any provision of the T&Cs or the applicable laws or regulations, we shall have the absolute right to prevent your further access to the Website (by way of, including but limited to, terminating your registered account and blocking your Internet Protocol (IP) address), and remove any and all contents and materials posted by you on the Website, without notice and compensation of any kind to you;
- We shall have no obligation to deliver or return to you any contents or materials posted on the Website at any time which are subject to removal pursuant to Clause (1) hereof.
Arbitration and legal controversy:
All disputes which may arise between the parties shall be referred to arbitration under the provisions of the Indian Arbitration and Reconciliation Act, 1996 or any statutory modification thereof for the time being in force in India.