Terms Of Service
Last updated on October 21, 2011
1. General
1.1. Acceptance of ChinaDiamondExchange.com Terms of Service
By using the ChinaDiamondExchange.com (hereafter referred to as “CDEX”) services provided and accessing the CDEX website and/or information at CDEX you contractually agree and accept the terms of the CDEX Terms of Service (TOS).
1.2. Terms Of Service
The CDEX Terms of Service ("TOS") incorporates and includes this document as well as the CDEX Privacy Policy. Each part of the TOS forms an integral and inseparable part of the TOS.
1.3. Changes
This TOS may be changed from time to time and unless you provide written notice within 3 business days you agree to accept such changes as part of your contractual obligation. Such changes will be posted on the CDEX website www.ChinaDiamondEXchange.Com
2. Definitions
2.1. The term “CDEX” when used in this TOS includes:
All CDEX; all Network Services provided by CDEX;
All CDEX pricing and information services supplied by CDEX; All employees, agents and consultants of CDEX or any company CDEX owned, or partially owned by CDEX.
All disclaimers of warranty and limitations of liability in this agreement apply to CDEX.
The term “Service” refers to the services provided by CDEX.
2.2. The term “User” or “CDEX Member” includes the individual and/or company applying for or using the Service.
3. Description of Service
3.1. CDEX provides access to trading, pricing, news and other information services related to diamonds, gems and jewelry. The information is for the use of paid registered Users.
3.2. While the Service is designed to provide the User with the ability to buy, sell, list and price diamonds, the information about diamonds does not provide an appraisal or guarantee of value, nor does it give suggestions or recommendation of any sort as for buying or selling of diamonds.
3.3. Diamond grading and pricing is based on subjective methods of analysis and no guarantee is made or liability assumed as to the accuracy or validity of the information provided by the service or the expertise of those providing information via the service.
3.4. CDEX does not guarantee the quality, accuracy, reliability of any information provided.
3.5. CDEX does not guarantee the quality, integrity or creditworthiness of any member of any trading network. All services provided are on an as–is basis with no CDEX guarantees or warranties. User agrees that CDEX is not responsible for any additional, consequential or other damages. CDEX’s liability shall be strictly limited to the membership fees paid to CDEX.
4. Access to the Service
4.1. Access to the Service is provided to registered paid Users. User must provide, at User's own cost, all telephone, computer, modem and other equipment and software necessary to access and use the Service and shall be responsible for all charges necessary for such access and use.
4.2. Users must complete an application request/Registration for membership and access to the Service.
4.3. CDEX reserves the right to refuse, restrict, suspend, limit or terminate any or all Services provided to any User at any time for any reason subject to the condition that CDEX will refund on request the unused portion of any money paid for the service.
4.4. CDEX Members may not disclose or share their access or password with any third party (Third party is considered as any person other then the registered user acting as a member of the CDEX). Password use is strictly limited to the registered member. Members may request additional passwords from customer service in the event multiple users require access to the company data. Additional charges may apply.
4.5. CDEX Members may not disclose proprietary CDEX or CDEX information to third parties.
4.6. CDEX Members may not share names or contact information of other CDEX Members with third parties of any kind. They may not send email broadcasts to other members.
4.7. CDEX Members may not access, use, store, share or distribute CDEX Member information without the permission of CDEX.
4.8. CDEX Members are required to fully complying with all TOS conditions.
5. Listing and Trading of diamonds:
5.1. CDEX Minimum Standards & Conflict Diamonds:
Only diamonds meeting the CDEX Minimum Standards and Conflict-Free Diamonds rules and regulations may be listed or traded through the Service and/or CDEX. No diamond may be listed or traded unless:
5.1.1.The diamonds are legal and not directly involved in severe human rights violations. For purposes of this clause, the phrase “directly involved in severe human rights violations” is defined as describing diamonds whose physical production involved murder, rape, physical violence or forced servitude.
5.1.2 The diamond was purchased from suppliers who have warranted to the User that the diamond is “conflict free”.
5.1.3 The User can guarantee from personal knowledge that the diamond is conflict free.
5.1.4. All Users must supply invoices in respect of sales to other Users. All diamonds sold or traded via CDEX must contain one of the following declarations on the invoices:
“The diamonds herein invoiced have been purchased from legitimate sources not involved in funding conflict and in compliance with United Nations resolutions. The seller hereby guarantees that these diamonds are conflict free, based on personal knowledge and/or written guarantees provided by the supplier of these diamonds”.
OR
“The diamonds herein invoiced were acquired by the seller prior to January 1, 2003 and were purchased from sources believed to be reliable. The seller hereby guarantees that they have no personal knowledge or reason to believe that these diamonds are conflict diamonds, which have been traded in violation of any United Nations Resolution”.
5.2 Marange, Zimbabwe diamonds
Users may not knowingly trade diamonds on the CDEX Network Service originating from Marange, Zimbabwe, and shall immediately remove any listings of Marange diamonds from their CDEX inventory.
5.3 Treated diamonds
Treated and enhanced diamonds (laser drilled, clarity enhanced, irradiated, HPHT or any other treatment or enhancement) may be listed and traded on the Service or CDEX, however full disclosure in the required form must be made as to the process and the effect of the treatment. All Users must disclose the treatment when listing the diamond and on the invoice to the purchaser. Should any User be found to have listed or traded such a diamond without such full prior disclosure, their access to the Service will be permanently terminated without notice.
5.4. Users may not list (upload) diamonds with incomplete, inaccurate, false or misleading information.
5.5. Users must provide accurate information on the availability of their diamonds listed.
5.6 Users must update the pricing and availability of their diamond at a maximum of every 8 days.
5.7. Users must provide the correct grading report or certificate number for all laboratory-graded diamonds, failing which CDEX will list the diamond as an uncertified diamond.
5.8 It is the user’s responsibility to update any price changes of their uploaded diamonds. From time to time, Rapaport prices will change, or users may change their price schemes or other reasons of any kind. As such, it is the user’s sole responsibility to update the prices of the diamond information they uploaded on CDEX, as CDEX is not responsible in any way for the accuracy of the information. CDEX reserves the right to reject any inaccuracy claims pertaining to this issue.
5.9 CDEX may categorize diamonds according to industry standards or in a method CDEX deems most user-friendly. CDEX is not responsible for any discrepancies in diamond categorization resulting from the above or from sellers’ uploaded diamond information.
5.10 For any reason, whether technical, genuine human error or intentional sabotage, CDEX reserves the right to reject any claims for inaccurate information posted on the website. It is the user’s responsibility to check that the information they posted on the website appears correctly.
Users who violate any of the above provisions will be subject to having their membership revoked and/or be excluded from our network. CDEX further reserves the right, in its sole discretion, to publish the names of any CDEX member who violates any of the above provisions or any of these Terms of Service (TOS).
6. Uploading Diamond listing or information, posting, commenting or express opinions and views.
6.1 Users and members may Upload diamond list, post, comment, express opinions or add information of any kind to the services provided by CDEX or presented on the website.
6.2 Users agree that once information of any kind is shared in any way on the CDEX, this information becomes the property of CDEX and CDEX is allowed to use this information at its sole discretion.
6.3 Sharing of information on CDEX will be done in good will, in a respectful manner, with compliance to the law and governing rules of Hong Kong and of the residential rules of the user, complying with full guard of human rights as described by the United Nations, and without gender, religious, race or any other sort of discrimination or intent to insult, abuse or offend. Any User who fails to comply with these terms, either knowingly or unknowingly, will be removed from CDEX and his membership will be terminated.
6.4 The CDEX encourages users who encounter any discrimination, insult, abuse or offensive information to report it immediately to the CDEX management at support@cdexmail.com.
7. Downloading Diamond Listings or Information
7.1. Users may not download diamond listings without having applied for and been granted permission in writing by CDEX.
7.2. Diamonds belonging to other CDEX Users may not be downloaded for listing with any competitive diamond trading networks.
7.3. Users may not resell any downloaded diamond listings.
7.4. CDEX may exclude a CDEX member from downloading diamond inventory for any reason as may be determined in the sole discretion of CDEX.
8. Customer Satisfaction Guarantee
8.1. Should the User be unhappy with the Service for any reason a full refund of money paid will be made (less cancellation fee) provided that the User requests the refund via email support@cdexmail.com within three (3) days of first subscribing.
9. Subscriptions
9.1 Fees
The various pricing structures and Service options will be displayed on the CDEX website. CDEX reserves the right to amend the pricing structure from time to time. Any changes will be posted on CDEX.
9.2 Payment Method
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If CDEX does not receive payment from your Payment Method Provider, you agree to pay all amounts upon demand.
You agree to pay all charges that accrue to your account through your use or the use of those authorized by you. If you have a paid account status you may request us to cancel your paid account status by contacting support@cdexmail.com. Once your account has been cancelled your paid status will terminate on the last date covered by your last payment. Paid status is non-transferable. CDEX paid status is final sale and will not be refunded. Disputed charges must be reported to CDEX within 60 days of your purchase of the service.
9.2 Subscription Renewal
Your CDEX paid subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, please contact us. If you resign, your subscription will not be renewed after your current subscription expires. Resignations prior to the completion of your subscription term are not eligible for a refund of any portion of the subscription fee for the current subscription period.
10. The User Agrees Not To:
10.1. Use the service in any way that violates the laws of Hong Kong and/or any jurisdiction in which the User resides.
10.2. Access the service in any unauthorized manner including but not limited to reverse engineering computer code or the underlying logic of the pricing and trading system.
10.3. Access the system for the purpose of copying the software, logic, look and feel, or any features of the system for use in any competitive system.
10.4. Disturb, interfere or disrupt the service, computer hardware or software providing the Service, including automatic downloads of queries via Users computer programs and/or use or access of the service in any manner for which it has not been designed or authorized.
10.5. Upload, post, email, transmit or make available anything that contains computer codes, viruses, files or programs that interrupt, destroy, or limit the functionality of any computer software, hardware or other equipment.
10.6. Attempt or obtain unauthorized access to any part of the Service or computer system.
10.7. Transmit any program or virus through or into the computer hardware or software used or provided by the Service.
10.8. Violate any Trademark, Copyright, agreement, Terms of Service, or Terms and Conditions associated with the Service.
10.9. Use any information provided by CDEX to establish a competing diamond trading and/ or information service.
10.10. Misrepresent the information obtained from the Service or alter any document printed from the pages provided by the Service.
10.11. Provide false or misleading information including but not limited to cloaking or altering the information that identifies the source, time and location any contact made with the Service via the Internet.
10.12. Print, save, copy or distribute any of the information provided by the website except for the information provided to the User in response to requests about prices for diamonds and listing of diamonds.
10.13. Review, copy and/or download any news, analysis, or other information by any news, information or Internet service or company that provides information to the diamond, gem and jewelry trade and/or competes with the information services provided by CDEX.
10.14. Review, copy or download any diamond prices, listings of diamonds for sale, or buy requests for use, including partial or derivative use, in any other website, or trading system available to third parties without written permission from CDEX.
11. Proprietary Rights
11.1. The User acknowledges and agrees that the Service, its software, information provided by the Service and the content of CDEX Services contain proprietary and confidential information. The User agrees not to copy, disclose, or use in any manner information provided by or through the Service.
11.2. The User agree that once any information uploaded and shared by him on the CDEX becomes the property of the CDEX and CDEX has the rights to and is allowed to use this information in its sole discretion.
11.3. The User recognizes that all information provided through CDEX is copyrighted by the CDEX. The User agrees to respect all intellectual property rights of CDEX. Any copyright, trademark, logo, printed material, on-line information, or price report of CDEX may not be used in any promotion, advertising or publication without the express written permission of CDEX.
12. Technical Difficulties
From time to time technical difficulties may render the service inoperable. CDEX does not guarantee uninterrupted service and accepts no liability for any such interruption. In the event that access to the service is limited for more than 24 hours CDEX will extend the time that Service is available to the User.
IMPORTANT LIMITATIONS
13. Information
The information provided by CDEX is not a recommendation or suggestion of any kind to buy or sell diamonds; nor is it an appraisal, guarantee of value, warranty, valuation, or offer to buy or sell. CDEX does not guarantee or warrant the accuracy of any information and does not guarantee that any User will fulfill any obligations made on or through the Service. Pricing provided is an estimate of value that should only be used as a general guideline for price discovery.
14. Trading
CDEX has not examined any of the diamonds that are listed on CDEX. Information provided by the Service is based on diamond grading information listed on the system by the Users. Such information may be wrong and thereby result in inaccurate pricing or grading analysis. The use of the Service by the User is on his or her own account and risk and CDEX provides no guarantee for accuracy of the information listed on the Service by Users.
15. Diamond Prices
15.1. Diamond grading laboratories use diamond grading techniques and standards that are based on subjective methods of analysis. Diamond grades may vary each time a diamond is submitted for re-examination and often vary from laboratory to laboratory depending on the grading standards of the laboratory and the accuracy and training of their gemologists. Online pricing and quality information provided by the Service is the result of an automated electronic response system and subject to the limitations inherent to such systems. Furthermore, the online information is based on the subjective opinions of CDEX, its employees, agents and consultants. No guarantee is made or implied as to the accuracy or validity of any information provided by the Service and/or the level of expertise of any information system or individual providing information via the Service.
15.2. CDEX published prices on the website or availability information should only be used as a general guideline for discovering diamond prices. CDEX prices do not replace the physical examination of a diamond by a knowledgeable appraiser who determines the quality and value of specific diamonds. Each diamond's value depends on its unique characteristics, some of which may not be included in the information on a diamond grading report or the information provided by the User. There is no guarantee that the grading information provided by a laboratory or seller is accurate. Diamond pricing and diamond grading are not an exact science. The information presented on CDEX is not perfect and should be complemented with the normal due diligence that a consumer should apply when buying or selling a diamond.
15.3. Diamond prices often vary significantly from seller to seller. The identity of the seller, their location and the conditions of sale can all have a major impact on price. Numerous additional factors including the reputation of the seller, brand value, and added value services such as consumer credit, and return privileges are important components of value and also have impact on the price of a diamond. Therefore user should only use CDEX information as a guideline and independently take into consideration the added value considerations applicable to various types of sellers. The prices provided on the website of CDEX may be substantially higher or lower than actual transaction prices in the retail markets.
15.4. CDEX has extensive interests in the diamond industry worldwide including diamond brokerage operations and online diamond trading and sales companies. In some instances diamonds submitted may be listed or offered for sale by companies that buy diamonds from CDEX associated companies that earn a commission if the diamonds are sold. Users are protected by the fact that the programs used by the Service analyze diamond-grading characteristics in an objective manner without regard to the source of the diamonds.
16. DISCLAIMER OF WARRANTIES
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT:
USE OF THE SERVICE IS AT YOUR SOLE RISK; THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. CDEX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CDEX MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET THE USER'S REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER'S OWN DISCRETION AND RISK AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM CDEX OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
ANY OR ALL WARRANTY IS STRICTLY LIMITED TO THE INDIVIDUAL USER THAT AS REGISTERED AND PAID FOR THE SERVICE. NO WARRANTY OF ANY KIND IS EXTENDED TO ANY THIRD PARTIES.
17. LIMITATIONS OF LIABILITY
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT CDEX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CDEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OR INABILITY TO USE THE SERVICE (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR TRANSMISSIONS OR DATA (IV) STATEMENTS OF CONDUCT OF ANY THIRD PARTY AS THE RESULT OF ANY USE OF THE SERVICE (V) AND ALL OTHER MATTER RELATING TO THE SERVICE.
CDEX CAN PROVIDE THE INFORMATION AVAILABLE VIA THE SERVICE FOR A RELATIVELY SMALL FEE ONLY BECAUSE OF THE LIMITATIONS OF LIABILITY AND WARRANTY EXPRESSED IN THESE TERMS AND CONDITIONS AND TAC. IN ALL INSTANCES CDEX DOES NOT ASSUME ANY LIABILITY EXCEEDING THE FEE PAID BY THE USER TO USE THE SERVICE.
CDEX SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE RESULTING FROM ANY ERROR OR OMISSION IN THE INFORMATION PROVIDED BY CDEX OR THE SERVICE OR FROM USE OF THE SERVICE EVEN IF CAUSED BY OR RESULTANT FROM THE NEGLIGENCE OR OTHER FAULT (EXCEPT FRAUD, WILLFUL MISCONDUCT OR GROSS NEGLIGENCE) OF CDEX.
CDEX SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY ERROR IN OR OMISSION FROM THE INFORMATION PROVIDED BY THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CDEX DOES NOT GUARANTEE THAT DIAMONDS LISTED ON THE TRADING NETWORK WILL BE SOLD TO ANY OF THE USERS; NEITHER DOES THE SERVICE PROVIDE ANY AUTHORIZATION OF THE SAID GRADING SUGGESTED BY THE LISTERS, OF THE DIAMONDS.
CDEX DOES NOT GUARANTEE THE ACCURACY OF THE DIAMOND PRICING PUBLISHED ON THE WEBSITE AND GIVES FULL NOTICE THAT CDEX PRICES ARE BASED ON USERS INFORMATION UPLOADED AS ASKING PRICE ONLY. DIAMOND GRADING, PRICING AND ANALYSIS IS NOT AN EXACT SCIENCE AND IS BASED ON THE SUBJECTIVE OPINION AND ANALYSIS OF THE PERSON PROVIDING THE INFORMATION. CDEX DOES NOT GUARANTEE THE ACCURACY, AUTHENTICITY OR RELIABILITY OF ANY DIAMOND GRADING REPORT OR OTHER INFORMATION BEING PROVIDED BY USERS INCLUDING PRICES, ASKING PRICES, OR SALE PRICES.
CDEX EMPLOYEES MAY PROVIDE USERS WITH PERSONALIZED INFORMATION VIA EMAIL, TELEPHONE OR IN WRITING. THIS INFORMATION IS BASED ON THE SUBJECTIVE OPINION OF THE INDIVIDUAL PROVIDING IT. WHILE CDEX WILL MAKE EFFORTS TO ASSURE THAT OUR EMPLOYEES, AGENTS, ASSOCIATES AND/OR CONSULTANTS ARE KNOWLEDGEABLE ABOUT DIAMONDS AND DIAMOND PRICES, WE DO NOT GUARANTEE THE ACCURACY, EXPERTISE, EXPERIENCE, BACKGROUND OR KNOWLEDGE LEVEL OF ANY PERSON PROVIDING INFORMATION.
18. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, the disallowed exclusions should be regarded as deleted and severable from the TOS.
19. Notice
Notices to Users may be made via either Email or regular mail. The Service may also provide notices of changes to the terms and conditions or other matters by displaying such notices or links to revised terms and conditions on the Service or on the website. Notice to CDEX may be made by email to support@cdexmail.com
20. Entire Agreement
The TOS set forth herein constitute the entire agreement between the User and CDEX. The TOS governs the Users use of the Service and supersede any prior agreements. The laws of Hong Kong shall govern this agreement. The failure of CDEX to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such rights or provisions. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of the TAC remain in full force and effect. The User agrees that regardless of any law to the contrary any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action or forever be barred. The Section titles of the TOS are for convenience only and have no legal or contractual effect.
