NOTE: We have updated our Terms and Conditions for Placed Sales & Auction Sales. Please refer to the links available under 'Articles In This Section'.
TERMS AND CONDITIONS APPLICABLE TO THE USE OF THE DE BEERS AUCTION SALES PTE. LIMITED WEBSITE (THE “TERMS AND CONDITIONS”)
These Terms refer to the following additional terms, which also apply to your use of the site:
Our Acceptable Use Policy (set out below), which sets out the permitted and prohibited uses of the Site. When using the Site, you must comply with this policy.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS PLEASE DO NOT ACCESS THE SITE.
All references to 'our', 'us', 'we' or 'company' within these Terms and Conditions are deemed to refer to DBAS. “De Beers Group” means any company directly or indirectly controlled by De Beers Plc (44 Esplanade, St Helier, Jersey JE4 9WG).
All references to ‘you’, 'your', or ‘the user’ within these Terms and Conditions are deemed to refer to the user of the Site.
The following terms are defined in the Terms and Conditions for Registered Buyers & Registered Sellers accessible on the Site: “DBAS”, “De Beers Plc” “Registered Buyer”, and “Registered Seller”.
The Site comprises a public access area and secure Register Buyer/Register Seller (“DBAS Customer”) only area.
The public access area comprises background information and a summary of the operations of DBAS. This information is provided solely for general informational purposes.
The secure DBAS Customer area is a password protected section of the Site for DBAS Customers only which includes access or links to the DBAS auction trading platform, the Terms and Conditions for Registered Buyers & Registered Sellers, on which eligible buyers may purchase and/or eligible sellers may sell diamonds using the DBAS platform, and DBAS Customer account information.
1. Copying the Site and Copyright Notice
- Reproduction by the user of the whole of the Site is strictly prohibited. Users are, however, subject to the remaining provisions of these Terms and Conditions, permitted to download information from the Site (unless expressly stated otherwise) as follows:
(i) information from the Site is used for the user's business use only;
(ii) no information from the Site is to be modified in any way;
(iii) no information from the Site is to be used in breach of the EU Data Protection Directive 95/46/EC as implemented in the appropriate local territories of the European Union until 25 May 2018 and the General Data Protection Regulation (EU) 2016/679 on and from 25 May 2018 (or any amendments or updates thereto) and/or the Singapore Personal Data Protection Act of 2012;
(iv) the contents of the Site may be saved to disk or otherwise stored in a private electronic retrieval system or may be printed provided that: (a) such use is for the user's own business use only; (b) such contents are deleted from any disk or private electronic retrieval system after 30 days from when such content was saved or stored; and (c) no attempt is made by you or anyone acting on your behalf to replicate, resell, hire or to otherwise commercially benefit from any information contained in the Site; and
(v) the copyright notice: © De Beers Auction Sales Singapore PTE. Limited 2019 must appear in all reproductions and/or copies.
- In accordance with paragraph 13, we reserve the right to limit or refuse access to the Site or any portion of the Site to anyone who fails to comply with or is suspected to not be in compliance with the provisions of paragraph 1.1.
2. Access to the Site
2.1 The Site shall be accessed and used by DBAS Customers and their representatives only.
2.2 To gain access to the Site, you will be required to log-in and will be allocated a username and a unique password.
2.3 If it deems it necessary for security reasons, DBAS can enforce a password change at any time, but will warn a user in advance should it intend to do so.
2.4 Sign-in details and passwords should be treated as confidential for the duration of time that you are entitled to access the Site and any services available on it. Any sign-in details and passwords provided to you should be kept safe and you should not disclose it to anyone. Usage of an individual sign-in name by multiple users or by someone other than the authorised user is a serious breach of these Terms and Conditions and could lead to DBAS suspending or removing access to the Site for a period of time or indefinitely at DBAS’ discretion depending on the severity of the breach.
2.5 You shall inform DBAS immediately of any known or perceived breach of this provision and you shall be liable for any loss or damage that may result from having disclosed or failing to keep secure your sign-in details and/or password.
All rights in all material and content (including, but not limited to any lists, text, data, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) on the Site are owned by us or our licensors. You agree that you are permitted to use this material and/or content solely as set out in these Terms and Conditions or as otherwise expressly authorised in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.
4. Intellectual Property
Other than in respect of any user information uploaded onto the Site, we are the owner and/or authorised licence holder of all trademarks, design rights, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise expressly indicated. Except as provided in these Terms and Conditions, use of or access to the Site does not grant you any right, title, interest or licence to any such intellectual property you may access on the Site (including for purposes of clarity, any intellectual property in User Information (defined below) uploaded onto the Site). Except as provided in these Terms and Conditions, any use or reproduction of the intellectual property (including for purposes of clarity, any intellectual property in user information uploaded onto the Site) is strictly prohibited.
5. Copyright General
All rights, including copyright and database rights, in this Site are and shall remain vested in DBAS. All software belongs to DBAS or our third-party licensors. All rights are reserved.
6. No Warranties
6.1 This Site and any information provided on the Site is provided "as is," and your use thereof is at your own risk.
6.2 We, our officers, directors, employees, agents and assigns, disclaim, to the fullest extent permitted by law, all express and implied warranties, including, without limitation, any warranties of satisfactory quality, fitness for a particular purpose and non-infringement.
6.3 We do not warrant that the Site will be free from viruses, available at any time or that the contents on the Site will be accurate. Although we take reasonable steps to secure the Site, you acknowledge that the internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the Site will be safe from unauthorized access or use.
6.4 The information provided on this Site is for general information purposes only and its accuracy is not guaranteed by DBAS. Whilst DBAS endeavours to ensure that the content contained on the Site is correct as at the date of publication, no warranty, express or implied, is given as to the accuracy of the information.
6.5 Your sole remedy for a breach of any warranty under these Terms and Conditions shall be limited to a breach of these Terms and Conditions and to discontinue using the Site.
7. Your Responsibilities
7.1 You should always verify the information set out in this Site with independent authorities before acting or relying on it as such information is for general information purposes only and its accuracy is not guaranteed by DBAS.
7.2 It is your responsibility to use virus checking software on any material downloaded from this Site and to ensure the compatibility of such software with your equipment.
7.3 You warrant that any information that you upload to the Site is owned by you, and that you have the necessary permission to upload and/or disseminate that information.
7.5 Any information relating to third parties that may be accessed by you on the Site is confidential information. You undertake to keep such information confidential and only make use of such information for the purposes of using the Site. You indemnify us in accordance with paragraph 8.7 against any claims that such third-party information has been commercially exploited by you.
8. No Liability
8.1 The material displayed on the Site is for information purposes only and is provided without any guarantees, conditions or warranties as to its accuracy. If you enter into any third-party transaction as a result of any information sourced from this Site, DBAS shall not be liable for any use made of that information or any resultant transactions, nor shall DBAS be responsible for or involved in that transaction in any way.
8.2 To the fullest extent permitted by law we, our officers, directors, employees, agents and assigns, hereby expressly exclude: (i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; (ii) all liability for any loss, cost or damage (direct, indirect, consequential, or otherwise) suffered by you as a result of your use of the Site or from any computer virus transmitted through the Site, or other sites accessed from this Site, whether such loss, cost or damage arises from our negligence or otherwise and even if we are expressly informed of the possibility of such loss or damage; and (iii) any responsibility or liability for any error or omission in respect of any information on the Site.
8.4 All materials provided by DBAS are intended to reflect DBAS’ views on the particular topics addressed but the accuracy, reasonableness, reliability or completeness of any data, statistics or other information provided is not warranted by DBAS and the provisions of paragraph 8.3 apply thereto, together with the remaining provisions of this paragraph 8.4.
8.5 No representation or warranty (express or implied) is given as to the accuracy, reasonableness, reliability or completeness of any information provided in connection with the matters contained or referred to in the Site.
8.6 You shall make clear to all parties with whom you deal (including, in particular, to your partners, consumers and agents) that neither DBAS nor any member of the De Beers Group is responsible for any information submitted by you on the Site and neither DBAS nor any member of the De Beers Group is acting as agent for or on behalf of you or any member of your group. Neither DBAS nor any member of the De Beers Group shall have any liability to any party with whom you or DBAS deals in connection with using the Site and, if requested by DBAS, you shall ensure that such parties provide a written acknowledgement (in a form acceptable to DBAS) to that effect directly to DBAS.
8.7 You shall indemnify, and keep indemnified, DBAS and all members of the De Beers Group against any loss, damage or cost incurred by any De Beers Group Company arising out of your use of the Site, including information obtained from linked sites, your submission or transmission of information or material on or through the Site or breach by you of these Terms and Conditions or any laws, regulations and rules, save where directly attributable to the fraud or wilful default of DBAS or relevant member of the De Beers Group. You shall also indemnify the De Beers Group against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right), We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defences.
8.8 Subject to paragraph 8.9, in no event shall DBAS be liable for: (a) any indirect or consequential loss (b) any loss of profit, data, revenue, business, opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with the use of the Site save where such liability cannot be excluded by law.
8.9 Nothing in these Terms and Conditions excludes or shall limit either party's liability for death or personal injury caused by negligence, liability for fraud or fraudulent misrepresentation, or any other liability which may not otherwise be excluded or limited under applicable law.
8.10 Certain countries either restrict or prohibit the use of cryptographic products/techniques. For the avoidance of doubt, DBAS shall have no responsibility for your use of any cryptology products/techniques available on or in conjunction with this Site in any jurisdiction in which you access the Site. It is your responsibility to ensure compliance with any relevant legislation relating to the use of cryptographic products/techniques. You agree to be compliant with any and all laws relating to cryptology prior to making use of any such technology on the Site, and you shall indemnify DBAS against any liability arising as a result of your non-compliant use of the same.
10. Viruses, Hacking and Other Offences
10.1 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
10.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
11. Third-Party Services
11.1 The Site may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-De Beers Group website does not mean that DBAS approves, endorses or accepts any responsibility for that website, its content or use, or the use of products and services made available through such website, nor does it claim any trade association with the proprietors of such third-party sites.
11.2 If you click-through to any third party website, either directly or indirectly through this Site, you acknowledge and agree that you shall be subject to the terms and conditions of usage applicable to such third party website. Any arrangement made by you with a third party as a result of you accessing another website via a link from the Site shall be an arrangement between you and the relevant third party and is at your sole risk and responsibility.
11.3 We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.
11.4 Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through the Site, the content thereof, or the products and/or services made available through such websites. If you decide to leave the Site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
12. Linking to the Site
You are not permitted to establish a link to the Site.
13. Restriction, Suspension and Termination
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Site without notice. We may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, at any time. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of any breach of these Terms and Conditions by you. We may also change, modify, substitute or remove without notice any information on the Site from time to time, remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms and Conditions.
14.2 The parties agree and acknowledge that they do not rely on, and shall have no remedy in respect of, any statement, warranty or understanding of any person other than as expressly set out in these Terms and Conditions.
14.3 Without prejudice to paragraph 8, the only remedy for either party for a breach of any provision of these Terms and Conditions shall be for breach of contract.
14.4 To the extent that software is available through the Site, such software may be subject to a licence agreement that is distributed or included with such software and you agree to comply with the terms and conditions of any such software licence agreements that we may communicate to you from time to time.
14.5 The failure by us to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
14.6 The parties intend each provision of these Terms and Conditions to be severable and distinct from the others. If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable, in whole or in part, the parties intend that the legality, validity and enforceability of the remainder of these Terms and Conditions shall not be affected.
14.7 All disclaimers, indemnities and exclusions in these Terms and Conditions shall survive termination.
14.8 We may without your prior permission cede, assign or otherwise transfer our rights and obligations in terms of these Terms and Conditions to third parties.
15. Law and Jurisdiction
16. Translation (Prevail Paragraph)
In the event there is a conflict between this English version of the Terms and Conditions and a translated version, this English version shall prevail.
17. Contact Information
De Beers Auction Sales Singapore PTE. Limited is a company incorporated under the laws of Singapore located at 10 Collyer Quay, #03-04 Ocean Financial Centre, Singapore 049315.
Thank you for visiting the Site.
© De Beers Auction Sales Singapore PTE. Limited
ACCEPTABLE USE POLICY
- Prohibited Uses
You may use the Site only for lawful purposes. You may not use the Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards – please refer to our Terms for the Site and our Privacy and Cookies policies.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- To host, display, upload, modify, communicate, publish, transmit, update or share any information or products/goods/items that: (a) belong to another person and to which you do not have any right to; and/or (b) are false, misleading or inaccurate.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of our Terms.
- Not to access without authority, interfere with, damage or disrupt:
- any part of the Site.
- any equipment or network on which the Site is stored
- any software used in the provision of the Site
- any equipment or network or software owned or used by any third party.
- Interactive Services
We may from time to time provide interactive services on the Site, including, without limitation:
- Chat rooms.
- Bulletin boards.
- User generated content functionality (interactive services).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will decide whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. Your use of such interactive services is at your own risk.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
- Content Standards
These content standards apply to any and all material which you contribute to the Site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from Us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- Suspension and Termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the Terms upon which you are permitted to use the Site, and may result in us taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use the Site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to the Site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach (if you are a consumer, that means that you will be responsible for all of our losses and recovery costs).
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
- Changes to the Acceptable Use Policy
We may revise this acceptable use policy at any time by amending this page and shall be effective upon posting on the Site, and your continued use of the Site after any such amendments are published on the Site will be considered acceptance by you of such amendments. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the Site.
© De Beers Auction Sales Singapore PTE. Limited