These Terms and Conditions (“Terms” or “TnCs”) apply to all users accessing and using the Services, including users or members of our ‘Jeweler Connect Programme’ as well as users who are also contributors of Content to the Service (“you” or “user(s)”). "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other material you may view, have access to, or contribute to, in respect of the Services.
2. YOUR ACCOUNT AND REGISTRATION DETAILS:
a. The VDB Services through our Website or the mobile application (mobile or otherwise) (together referred to as the “Platform”) provides an online platform for loose diamond sellers and buyers across the world. For accessing the webpage and utilizing the Services provided by us, the service requires you to first register with us.
c. After the initial registration, the user can login with the user name and password created by him/her for gaining access to the Services and the necessary Content. VDB allows the user to make necessary changes and update the account details from time to time by following the http://diabotapp.com/myaccount.php. By going http://diabotapp.com/myaccount.php, you may also delete your account if you so wish.
d. Users are responsible for maintaining the confidentiality of their user name and password and VDB accepts no liability (whether direct or indirect) arising from a disclosure of the same by the user to third parties.
e. Users are responsible to keep their password secure and not to share it with a third party. However, if a user has any reasons to believe that his/her account is operated or being operated in illegal (unauthorized) manner than the user shall inform VDB regarding the same.
f. Further, user agrees to provide accurate/correct information while registering; and if the information is inaccurate, not correct, or not in accordance with TnCs or if VDB has any grounds to suspect that the information is fraudulent, inaccurate, or is not in accordance with TnCs then VDB reserves the right to terminate the user’s account, remove or edit such false content without notice.
g. Your right to alter the information provided by you: If you wish to update any of the information provided by you, you may do so by going on to your profile http://diabotapp.com/myaccount.php.
h. Your right to withdraw from the Services: If you wish to withdraw from our Services, you may do so by going on to the [“delete my account” tab under the http://diabotapp.com/myaccount.php
3. ELIGIBILITY FOR REGISTRATION:
In order to utilize the Services, the user must have attained the minimum legal age (i.e. at least 18 years) to form a legally binding contract with VDB and should not be a person barred from receiving services under the Indian laws. VDB is concerned about the safety and privacy of all its users and reserves the right to block and bar any user from using the services and take necessary legal actions, if need be. As our Services may involve entering commercial transactions, they are not meant for children below 18 years of age and shall not be used by them.
4. ONLINE PLATFORM:
a. VDB Services that includes the VDB Dashboard and the VDB ‘Jeweler Connect Programme’ are purely online market platforms. VDB only acts as a facilitator enabling transactions between prospective suppliers and purchasers of diamonds at the best available price and opens a virtual market for suppliers and purchasers. VDB does not assume any liability with respect to the interaction, contract or transaction between different users of our systems. Any contract or transaction entered into between users will be purely bipartite arrangements/ agreements and VDB shall not be a party to such arrangements/ agreements in any form or manner or to any dispute between them or any other aspect of interaction/ contract/arrangement between the users. Further, VDB shall not be held accountable or responsible for the accuracy or authenticity of the information supplied by the users. VDB shall not be held responsible for the manner in which any user utilizes the details of other users including (and not limited to) by sending any spam emails and messages or other content which is illegal or unauthorized.
b. The service is available free of cost to all users without prejudice. Premium membership is not mandatory. Users who post/ use classifieds will be required to pay the advertising rent to VDB.
c. Unless otherwise indicated, any modification to our Services which alters the way in which it can be used and/or the launch of new services will be subject to, and be regulated by these TnCs. Every user acknowledges that the Service is provided "as is" and "as available" basis, therefore VDB does not assume any responsibility and makes no guarantee as to the use of the Service and availability of the Service as well as credibility of any user/member.
5. CONTENT POLICY:
a. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will VDB be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via our Service. You acknowledge and agree that in accordance with law, VDB cannot and does not pre-screen or approve any Content and is accordingly not liable for any aspect of it. However, VDB has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these TnCs and such violation being brought to VDB’s knowledge or for any other reason or no reason at all.
b. You understand that VDB does not control, and is not responsible for advertisements, directory information, business listings/information, offerings, comments, user postings, files, images, photos, videos, sounds, directory information, messages between users including without limitation e-mails sent from outside VDB’s domain or other means of electronic communication, whether through the Platform or another Third-Party Website or any other material made available through the Services.
c. If you link to Third-Party Websites, you may be subject to those Third-Party Websites’ terms and conditions and other policies. VDB makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party Website, and your linking to any other websites is completely at your own risk and VDB disclaims all liability thereto.
a. VDB does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and VDB expressly disclaims any and all liability in connection with user Content.
b. VDB services are provided without any implicit or explicit warranty. VDB cannot be held responsible for any harm coming from the inability to access or use the Platform and/or Services, or the loss of Content uploaded by the user. It is the responsibility of the user to keep a copy of the Content uploaded on the Platform if the same is needed by him.
d. In no event shall VDB, its partners, officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages, resulting from any aspect of your use of the Platform or the Services, including without limitation whether the damages arise from use or misuse of the Platform or the Services, or the interruption, suspension, modification, alteration, or termination of the Platform or the Services. Such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Platform or the service or any links on the Platform, as well as by reason of any information, opinions or advice received through or advertised in connection with the Platform or the Service or any links on the Platform. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that VDB shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you.
As a user of our Services, you agree not to post, email, message, host, display, upload, modify, publish, transmit, update or share the following inter alia information :-
a. that is unlawful and prohibited;
b. that belongs to another person and to which the user does not have any right to;
c. which infringes any patent, laws, trade secrets, copyright or other proprietary rights;
d. that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
e. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
f. that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;
g. that constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;
h. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
i. that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service;
j. that impersonate another person and / or employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service; and /or
k. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement of the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Additionally, you also agree that you shall not:
a. collect personal data about other users or entities for unlawful purposes;
b. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file; and/or
c. reproduce, copy, duplicate, sell, resell or in any way use for commercial purposes any part of the Service, including access to the Service.
VDB upon receiving the information either on its own knowledge or on the information provided by the affected person about the breach/contravention of the abovementioned information, shall undertake the necessary actions and where applicable disable such information.
9. VDB PROPRIETARY RIGHTS:
The user acknowledges and agrees that all software utilized in connection with the Services are protected by Intellectual Property laws. VDB grants the user a non-exclusive, non-transferable and personal, royalty-free license to use the Software. The user shall not copy, download, modify, create derivative works and shall not reverse engineer, de-compile or disassemble the VDB Service in any shape or form, and in any way try to discover the source codes of the Software, sell, sub-license, distribute, publish, or transfer to third parties any right on the Software or any part thereof.
10. PLATFORM ACCESS LICENSE:
a. VDB makes the best possible efforts to ensure that the users can get uninterrupted and error-free access to the Platform. However, the access of the user may be temporarily suspended or restricted owing to the repairs, maintenance, modification, addition, deletion or such other necessary changes in the Services modification on the Platform without prior notice.
b. VDB grants a very limited access license to the users to use/access the Platform. The user hereby agrees not to copy, duplicate, download, redistribute, modify, assign, sell, rent, or otherwise modify any content/commercials of the Platform or any part thereof without the express written consent of VDB.
c. User may post reviews, comments, feedback, submit suggestions, ideas, or such other information, as long as the content of such information is including but not limited to the following: not fraudulent, illegal, abusive, obscene, defamatory, objectionable to VDB or third party and does not contain any information that acts as an infringement to any Indian laws or rules for the time being in force. Non-compliance with this clause may result in termination of the services.
All communications between the users and VDB shall be in electronic written form via email.
12. APPLICABLE LAW AND FORUM:
The TnCs and relationship between VDB and its users will be governed by laws of India and courts in Mumbai shall have the exclusive jurisdiction with respect to any disputes arising under or in respect of these TnCs. The failure of VDB to exercise or enforce any right or provision of the TnCs shall not constitute a waiver of such right or provision.
13. DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE PLATFORM / AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. VDB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ALSO DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, TO THE FULLEST EXTENT PERMITTED BY LAW. VDB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM'S CONTENT OR THE CONTENT OF ANY THIRD-PARTY WEBSITES LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE. VDB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VDB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE AND VDB DOES NOT TAKE ANY LIABILITY OR RESPONSIBILITY FOR THE FULFILLMENT OF THE CONTRACT BETWEEN YOU AND THE OTHER USERS, UNSATISFACTORY OR DELAYED PERFORMANCE OF SERVICES, DAMAGE/DELAYS/NON-PERFORMANCE OF THE CONTRACT THAT ARISES AS A RESULT OF NON-AVAILABILITY OF STOCKS/DEMANDS, THE DELIVERY (OR FAILURE TO DELIVER) OF THE PRODUCTS REQUESTED BY YOU FROM ANOTHER USER, THE SOURCE OF FUNDS USED BY ANOTHER USER FOR MAKING ANY PAYMENTS TO YOU, THE FAILURE OF ANOTHER USER TO MAKE PAYMENTS TO YOU OR ANY OTHER ASPECT GOVERNING YOUR RELATIONSHIP WITH OTHER USERS. As stated above, the user understands and acknowledges that VDB is only a facilitator and therefore cannot be a party to any contract or arrangement between the users. The Services aim to only facilitate the buyers and sellers of loose diamonds by providing them with a platform where they may find contact information about other sellers and buyers (as the case may be) and disclaims any other form of liability or responsibility including what has been specifically stated above.
If for any reason any provisions or portion of the TnCs, are found to be unenforceable, the remainder of the TnCs shall continue in full force and effect.
14. LIMITATION AND TERMINATION OF SERVICE:
You acknowledge and agree that VDB may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Platform. You acknowledge and agree that VDB has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Platform or the Service. You acknowledge and agree that VDB reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that VDB shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services. You acknowledge and agree that VDB, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Services, for any reason or no reason at all, including, without limitation, if VDB believes that you have violated these Terms. Further, you agree that VDB shall not be liable to you or any third-party for any termination of your access to the Platform or the Services. Further, you agree not to attempt to use the Services after any such termination.
15. NON-WAIVER AND FORCE MAJEURE:
VDB reserves all rights permissible under this Contractual TnCs as well as under the provisions of any applicable law. The non-enforcement of any particular provision or provisions of this Contractual TnCs or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future. Further, VDB is not responsible for any disruption in service or any circumstances arising as a result of events beyond our control including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, or any other event.
16. GRIEVANCE REDRESSAL:
For any complaints/grievances/discrepancies against usage of the Services by any third party/ VDB, please contact our Grievance Officer, Mr. Hemal Desai at email@example.com. The subject of your e-mail should state “Complaint arising from use of VDB services”. We shall immediately look into the same and undertake the necessary action required to be taken by us in our capacity as an intermediary.