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Sunburst Rare Diamonds Inc.
Our Terms and Conditions for members when using Sunburst Rare Diamonds Inc.
By accessing, browsing, using or subscribing to our website you are subject to the following Terms and Conditions, as well as the Security and Privacy Policies, which apply to both current and newcomers to the Sunburst Rare Diamonds Inc. Online Membership website http://www.client.sunburstrarediamonds.com/collection.php (the “Web Site”). By accessing, browsing, using or subscribing to the Web Site, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions, as well as the Security and Privacy Policies.
SUNBURST ONLINE may modify these Terms and Conditions at any time upon posting notice on the Web Site. If these Terms and Conditions or any future changes are unacceptable to you, you are to immediately exit the Web Site and terminate your Subscription Membership to the SUNBURST ONLINE may change or discontinue any aspect of the Web Site at any time, including, but not limited to, the availability of any of the Web Site’s features and/or services and/or content.
For purposes of these Terms and Conditions, “Visitor” will be defined as any person visiting the Web Site. A Visitor may not enter restricted areas of the Web Site. “User” will be defined as any person/entity which is, or wishes to become, an authorized member of the Web Site and who will be permitted access to the content of the Web Site. “SUNBURST ONLINE MEMBER” will be defined as any person/entity which is, or wishes to become, an authorized of the Web Site and who will, in addition to all the aforesaid rights of Visitors and Users, also have access to services for the facilitation of diamond transactions on the Web Site, restricted to Business to Business diamond transactions. By visiting or subscribing to the Web Site, you agree to comply with and abide by the following provisions:
Individual items of information, software and other material (“Content”) accessible through the Web Site, may be protected by copyright. You may not copy, download, distribute or otherwise publish any Content protected by copyright, without obtaining permission of the copyright owner. Except as expressly provided in these Terms and Conditions, you shall not copy, distribute, publish, or create a derivative work from the Web Site or any part thereof.
You may download or copy content accessed through the Web Site for personal use, provided that you maintain all copyright and other notices contained in such content. You shall not sell or offer for sale any content accessed through the Web Site, and shall not upload, distribute or otherwise publish such content in any form or medium.
SERVICE CONTENT AND USE
You acknowledge and agree that the Web Site, services offered thereon and any and all information they provide contain proprietary and confidential information. You undertake not to copy, disclose, or use in any manner information provided by or through the Web Site or services offered thereon.
You will not use access to the Web Site to copy, download, distribute or otherwise post any content which violates or infringes the rights of any persons, including but not limited to, rights in copyrights, patents, trademarks, trade secrets, and other proprietary rights and you will immediately notify us of any policy violations of the Web Site or the services of which you become aware.
You will not violate any laws, third party rights or any of the SUNBURST ONLINE policies; post false, inaccurate or misleading content; distribute viruses or any other technologies that may harm us, or the interests or property of others using the Web Site; copy, modify, distribute, sell or offer for sale any content from the Web Site; and harvest or otherwise collect information about other Visitors, Users or SUNBURST ONLINE Members, including email addresses. You may download or copy content accessed through the Web Site solely for personal use.
You will not copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the Web Site, nor to in any way interfere with the proper operation of the Web Site and/or the services offered via the Web Site.
You will not upload to, distribute or otherwise publish through the Web Site any content which is libelous, defamatory, obscene, pornographic, abusive or violates any law, or which contains viruses, “worms”, “Trojan horses” or any other harmful properties, or use the Web Site for, or to further, any illegal purposes and you will not use any robot, spider, scraper or other automated means to access the SUNBURST ONLINE MEMBERS Web Site or any of its services for any purpose.
We reserve the right in our sole discretion to edit and/or delete any content displayed, uploaded to, distributed or otherwise published through the Web Site (other than content in private e-mail communications).
By visiting or subscribing to the Web Site, you hereby grant us a license to use your Communications in any way, either on the Web Site or elsewhere, with no liability or obligation to us. We are free to use any idea, concept, know-how, technique or information contained in your Communications for any purpose.
We are entitled, but not obligated, to review or retain your Communications. We may monitor your Communications to evaluate the quality of service you receive, your compliance with the Terms and Conditions, the security of the Web Site, or for any other purpose. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which we monitor such Communications.
Upon providing us with data, information, details and figures, you grant us a worldwide, non-exclusive, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity and database rights you have therein, in any media known now or in the future, including without limitation the information pertaining to any diamond purchase transaction consummated via the Web Site.
Without limiting any other remedies available to us by law, if we believe that you are acting inconsistently with our policies, we may limit, suspend or terminate your subscription or prohibit access to the Web Site, by taking any technical and/or legal steps, and we may delay or remove hosted content of yours.
You will not use our Web Site or any information obtained there from to (i) solicit or participate in the solicitation of our Visitors/Users when such solicitation is for the benefit of any entity which could reasonably be construed to be or to become competitive with SUNBURST ONLINE or (ii) for a commercial purpose not expressly sanctioned by a written agreement between you and SUNBURST ONLINE. Further, you agree not to solicit any employee or consultant of SUNBURST ONLINE to leave or not to renew such employee’s or consultant’s relationship with IDEX ONLINE, and you shall not hire or engage any such employee or consultant while such employee or consultant is employed or engaged by SUNBURST ONLINE.
The Web Site may contain hyperlinks to web sites operated by parties other than SUNBURST ONLINE. Such hyperlinks are provided for reference only. We do not control such web sites, and we are not responsible for their contents. Our inclusion of hyperlinks to such web sites does not imply any endorsement of the material in such web sites or any association with their operators.
DISCLAIMER OF LIABILITY
The information and content available and/or published on the Web Site may include inaccuracies and/or typographical errors. Changes are periodically made to the information on the Web Site. We and/or our respective suppliers may make improvements and/or changes to and on the Web Site at any time.
No representations are made regarding the Web Site or the suitability of the information and content available via the Web Site for any purpose. All information and content are provided “as is” without warranty of any kind. In no event will SUNBURST ONLINE be liable for any loss of money, goodwill, reputation or any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the Web Site, reliance upon information and/or content made available, the delay or inability to make use of the Web Site including without limitation, due to a force majeure event, any cause or causes beyond its reasonable control or otherwise arising out of the Web Site, whether based on contract, tort, strict liability or otherwise, even if SUNBURST ONLINE was advised of the possibility of damages and even if caused by or resulting from the negligence or bona fide error on the part of SUNBURST ONLINE, its officers, directors, agents, consultants or employees, or other fault, except as provided under these Terms and Conditions.
We disclaim any warranty or liability regarding the actions or omissions of Visitors/Users/SUNBURST ONLINE Members, including with respect to information and data posted by them.
You will indemnify SUNBURST ONLINE and hold SUNBURST ONLINE harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney’s fees, arising out of, connected with or resulting from the Web Site or services offered thereon, transactions of or with SUNBURST ONLINE Members, disputes with other Visitors/Users/SUNBURST ONLINE Members, these Terms and Conditions and any other policies posted on the Web Site.
You hereby acknowledge that you understand that while the Internet and the World Wide Web are generally reliable, technical problems or other conditions may delay or prevent you from accessing the Web Site or the services offered thereon. We will not be liable, and you agree not to hold or seek to hold us or any of our agents or service providers liable, for any technical problems, system failures or malfunctions, communication line failures, equipment or software failures or malfunctions, accessibility of services, system capacity issues, high Internet traffic demand, security breaches and unauthorized access, and any other similar computer problems and defects.
We do not represent, warrant or guarantee that you will be able to access or use the services at times or locations of your choosing, or that we will have adequate capacity for the Web Site as a whole or in any geographic location.
Accessibility to the Web Site and services offered thereon does not imply that it is legal under the laws and regulations applicable to you. Each SUNBURST ONLINE Member is responsible to seek the advice of legal counsel in order to make sure it fully complies, while making use of the Web Site, with all applicable laws and regulations with respect to online trading in general, and diamond trading in particular, including, without limitation, any applicable Anti-Money Laundering and terrorist financing laws, rules and regulations.
Any dispute, difference or controversy of any kind whatsoever arising out of the Web Site, this consent or its interpretation, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers of Commerce in force on the date when the Notice of Arbitration is submitted in accordance with these Rules, by a single arbitrator and under Swiss law. The seat of the arbitration shall be Bern, Switzerland. The arbitral proceedings shall be conducted on the basis of documentary evidence only and in the English language.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to enforce at any time any of the provisions of these Terms and Conditions or exercise any of its rights, shall in no way be construed to be a waiver of such provision or right, nor shall it in any way affect the validity of these Terms and Conditions or any part thereof, or our right to enforce thereafter each and every provision.
To the extent any section of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions as reflected in these Terms and Conditions and the other sections of these Terms and Conditions shall remain in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to the Web Site and/or services offered thereon and/or the Terms and Conditions must be filed within six (6) months after such claim or cause of action or forever be barred.
Nothing in this Agreement shall constitute or be deemed to constitute a relationship of employer and employee, agency, partnership, joint venture or any other similar joint interest between you and SUNBURST ONLINE.
Visitors can visit the Web site for free. SUNBURST ONLINE Members are subject to a subscription fee that is payable on a monthly or yearly basis. The subscription fees are subject to change, upon notice thereof being posted on the Web Site. SUNBURST ONLINE Members, in addition to the subscription fees are subject to transaction-related fees as described in the next section.
TERMS APPLICABLE TO SUNBURST ONLINE MEMBERS ONLY
In addition to the aforesaid subscription fees, are subject to a transaction fee for each transaction consummated using the services of SUNBURST ONLINE’s Web Site, payable by both selling and buying SUNBURST ONLINE Members. Shipping & Handling fees (door-to-door pickup and delivery, freight, insurance, authentication, duties, etc.) are payable by buying SUNBURST ONLINE Members only. SUNBURST ONLINE may automatically charge other related transaction fees, such as wire transfer, if applicable. The transaction fees are subject to change, upon notice thereof being posted on the Web Site.
Upon a match between a buyer and a seller for a diamond, SUNBURST ONLINE shall forward withdrawal instructions in buying SUNBURST ONLINE Member’s name from the buying SUNBURST ONLINE Member’s designated bank account to the SUNBURST ONLINE PAYMENT PROCESS, in the amount of the diamond purchase price and any accruing Shipping & Handling and transaction fees. Once SUNBURST ONLINE receives indication of the diamond having been delivered, it shall forthwith forward the diamond’s purchase price, net of any accruing fees to the selling SUNBURST ONLINE Member’s designated account. You hereby agree that we may authorize the deduction withholding tax, to the extent required under any applicable law.
It is hereby clarified that SUNBURST ONLINE is acting as an agent for the selling Member for the purposes of transmitting the payment from the SUNBURST ONLINE payment process account to the selling SUNBURST ONLINE Member’s account.
SUNBURST ONLINE may share a SUNBURST ONLINE Member’s information with fellow SUNBURST ONLINE Members in order to carry out the process of facilitating transactions.
A courier service provider (“Courier Service”) will pick-up the diamond(s), the diamond’s grading lab certificate and the invoice from selling SUNBURST ONLINE Member for delivery to SUNBURST ONLINE Member. The terms, conditions, and liability of the Courier Service apply… The geographical coverage of the services shall be determined by SUNBURST ONLINE and will be updated from time to time, upon notice thereof being posted on the Web Site.
Legal ownership of a diamond is transferred upon physical delivery of the item from one SUNBURST ONLINE Member to the other.
A third party objective professional service provider will confirm the identification of the diamond in order to establish that the right diamond was picked up and delivered, including by opening and inspecting sealed diamond envelopes and verifying that (1) the description of the diamond described on the Web Site by the selling SUNBURST ONLINE Member is similar in all material ways to the description of the diamond in its original grading lab certificate; and (2) the diamond picked up is the one the original accompanying grading lab certificate was issued on. It is hereby stated that the identification process uses only objective diamond measurements and weight. The identification process is limited to establishing the identity and physical authenticity of the transacted diamond. Any parameters affecting the subjective grading and value of the diamond, including Color and Clarity, are not part of the identification process, hence SUNBURST ONLINE may not be held responsible for any occasional grading problems. Further, this identification confirmation may not serve as a guarantee to the value of the diamond, nor a valuation nor an appraisal. SUNBURST ONLINE may at its sole discretion refuse to facilitate any transaction in the event it is under the impression that it cannot accomplish certain identification.
The Web Site trading platform displays information pertaining to certified diamonds from various grading laboratories in the diamond industry. We do not guarantee the grading elements of the diamonds as described on the grading lab certificate (e.g., Color and Clarity). We will not be held liable for any loss, damage, cost or expense incurred or arising by reason of any person using or relying on the grading.
SUNBURST ONLINE facilitates the sale/purchase transaction. It is neither a party thereto nor receives or transfers title of diamonds to or from SUNBURST ONLINE Members. SUNBURST ONLINE guarantees that SUNBURST ONLINE Members will either receive payment for or obtain possession of the diamond, subject matter of the transaction, or recover the diamond made available or payment made (less any fees incurred). SUNBURST ONLINE has no control over and does not guarantee the consummation of the transaction between SUNBURST ONLINE Members and we will not be held liable for the failure of any transaction.
The geographical coverage of bank accounts for the purpose of transacting via the Web Site will be determined by SUNBURST ONLINE and will be updated from time to time. By transacting on the Web Site, you warrant that the funds used in order to transact over the Web Site, including without limitation such deposited in your designated account do not originate from any activity which is unlawful under any applicable law.
all SUNBURST ONLINE Members’ asking price made available on the Web Site are, once accepted by selling or buying SUNBURST ONLINE Member, as applicable, final and binding. SUNBURST ONLINE Members cannot ask to cancel and/or reverse a transaction once aN asking price is accepted by a Selling or Buying SUNBURST ONLINE Member, as applicable.
Transactions via the Web Site are based solely on the information presented on the Web Site as uploaded by SUNBURST ONLINE Members and are not followed by any physical inspection of the diamond by the buying SUNBURST ONLINE Member prior to its receipt. SUNBURST ONLINE Members should only buy diamonds certified by laboratories which they trust and take into account any potential laboratory grading variances.
In the event that the contemplated transaction between the SUNBURST ONLINE Members is unsuccessful, including, without limitation, due to insufficient funds deposited with the SUNBURST ONLINE collection account and/or if delivery of the diamond fails for any reason whatsoever, or a pick-up of a diamond fails for any reason whatsoever, or a diamond fails to be authenticated for any reason whatsoever, we may return the diamond and/or the monies withdrawn, less any accruing expenses, to buying SUNBURST ONLINE Member or selling SUNBURST ONLINE Member, as the case may be, with no liability of any kind being imposed on SUNBURST ONLINE.
Each SUNBURST ONLINE Member undertakes to comply with all applicable laws, including but not limited to the US Patriot Act and Anti-Money-Laundering guidelines and to comply with Kimberly process recommendations.
EACH SUNBURST ONLINE Member undertakes to:
Maintain their inventory on the Web Site updated;
Make the diamond available for immediate pick up upon sale;
Make the diamond available at all times when the diamond is posted as available for immediate sale;
Have an original grading lab certificate ready to be picked up with the diamond;
Have an invoice addressed to the buyer, bearing the adequate Kimberly process warranty language, ready to be picked up with the diamond (warranty language: “The diamonds herein invoiced have been purchased from legitimate sources not involved in funding conflict and in compliance with United Nations Resolutions. The undersigned hereby guarantees that these diamonds are conflict free, based on personal knowledge and/or written guarantees provided by the supplier of these diamonds.” to ensure that the diamond, subject matter of the transaction, and the diamond grading lab certificate match