These terms of use (“Terms”), together with the Privacy and Cookie polices referred to within them, are a legal agreement between you (“you”) and DTC (“us”, “we” or “our”) in respect of your use of our website at www.dtc.com. DTC is the registered trading name of De Beers Global Sightholder Sales (Pty) Limited, a company incorporated in the Republic of Botswana, with address at PO Box, 329, Gaborone, Botswana and registered number CO2008/5689.
By accessing, browsing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, we do not grant you permission to use the website. Your continued use of this site is subject to your continued compliance with these Terms.
1. PERMITTED USE AND RESTRICTIONS
Subject to you agreeing to abide by these Terms, we grant you the right and access to use our website. We reserve all other rights which are not granted in these Terms. We may revoke the permission and/or rights granted in these Terms at any time without notice and with or without cause.
Prohibited Uses
You must not use the website: (a) in any unlawful manner, for any unlawful purpose or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses or harmful data, into the website or any operating system used by the website; (b) to harm or attempt to harm minors in any way; (c) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (d) to collect or harvest any information or data from the website or our systems or attempt to decipher any transmissions to or from the servers running the website; (e) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; (f) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or 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 may not carry out any data mining or similar data gathering or extraction methods on the website. You must not reproduce, duplicate, copy or re-sell any part of the website in contravention of the provisions of our Terms.
Content Standards
Any material which you contribute to the website (including, if you are a retailer, any certification that you submit to us via the website) (“contributions”) must be: (i) accurate (where they state facts); (ii) genuinely held (where they state opinions); and (iii) comply with applicable law in any country from which they are posted.
Contributions must not contain material which (i) is defamatory, discriminatory, offensive, hateful, obscene, threatening or likely to harass, upset, embarrass, alarm or annoy any other person; (ii) promotes sexually explicit material, discrimination, violence or any illegal activity; (iii) infringes any intellectual property rights or breaches any legal duty owed to a third party; (iv) is likely to deceive any person or gives the impression that the material emanates from us (if this is not the case); or (v) invades another’s privacy or causes annoyance, inconvenience or needless anxiety.
2. INTELLECTUAL PROPERTY
All content on the website is our property or licensed to us. The content on the website shall not be modified, distributed, framed, republished, scraped or sold in any form or by any means, in whole or in part, without our prior written permission. You acknowledge that all intellectual property rights in the website anywhere in the world belong to us, that rights in the website are licensed (not sold) to you, and that you have no rights in, or to, the website other than the right to use it in accordance with these Terms.
In particular, we are the owner and/or authorised user of all trade marks, trade names, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the website, unless otherwise expressly indicated. Except as provided in these Terms, use of the website does not grant you any right, title, interest or license to any such intellectual property you may access on the website. Except as provided in these Terms, any use or reproduction of the intellectual property is strictly prohibited. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade mark, service mark or logo displayed on this website without our prior written permission or the prior written permission of such other third party that may own the trade mark, service mark or logo displayed on this website. Your use of the trade marks, service marks or logos displayed on this website, except as provided herein, is strictly prohibited.
These Terms do not grant any right or license to use the trade marks “DTC” and “DIAMOND TRADING COMPANY” or any of our or our affiliates’ other trade marks. If you wish to obtain a right to use the “DTC” and “DIAMOND TRADING COMPANY” marks, you will need to enter into a separate licence agreement with DTC. Please contact us by e-mail using the contact details at the bottom of these Terms for more information.
You retain all of your ownership rights in any of your own content which you upload to the website, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties in accordance with these Terms.
3. PRIVACY AND USER INFORMATION
In the course of your use of the website, you may be asked to provide personal information to us such as your first and last name, phone number or email address or other personal data within the meaning of applicable data privacy law. For details regarding how we use personal information, see our In the course of your use of the website, you may be asked to provide personal information to us such as your first and last name, phone number or email address or other personal data within the meaning of applicable data privacy law. For details regarding how we use personal information, see our Privacy Policy.
You acknowledge and agree that you are solely responsible for the accuracy and content of the personal information that you submit to the website.
4. THIRD PARTY SITES AND SERVICES
The website may contain links to third party websites and services (“Third Party Sites and Services”). The links to these Third Party Sites and Services are provided for your convenience only. You acknowledge that we have no control over the Third Party Sites and Services (including the failure of any links to them) and are not responsible for their contents and/or availability.
We do not endorse the content or other material contained in the Third Party Sites and Services and have no association with their operators. Your use of any Third Party Sites and Services will be governed by their terms and conditions and privacy policies (if any) (“Third Party Terms”). It is your responsibility to read the Third Party Terms. If you do not understand or agree to be bound by any Third Party Terms, you should not use any Third Party Sites and Services. We will not be liable for any damages or losses or expenses, even if foreseeable, that may arise from your use of these third-party websites or for the actions and customer information practices of any website to which our Site links or refers.
5. LINKING TO OUR SITE
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You may not frame or deep link this website. The website from which you are linking must comply in all respects with these Terms and with applicable laws. You must not establish a link in such a manner that suggests endorsement, association or approval on our part where none exists.
6. DISCLAIMER AND LIMITATION OF LIABILITY
Nothing in these Terms will limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by applicable law.
Subject to the paragraph above, we will not have any liability for any loss, cost or damage whether in contract, tort (including negligence), breach of statutory duty, or otherwise even if foreseeable, suffered by you or any third party as a result of your use of the website for or in connection with:
- use of, or inability to use, our website;
- any third party software you may download from the site; or
- use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we also will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We provide the website on an “as is”, “with all faults” and “as available” basis. We make no guarantee that the website will be uninterrupted, error free, or free from viruses or other harmful components. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms, which may apply to the website, whether express or implied.
The website may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons and we will not be liable to you if for any reason the website is not available at any time.
If you are dissatisfied with the website, your sole remedy is to discontinue using the website.
7. INDEMNITY
You agree to compensate and hold us, our affiliates and each of our directors, officers, agents, contractors, partners and employees, harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the website and/or arising from a breach of these Terms.
We reserve the right to exclusively defend and control any claims for which you agree to indemnify us (if you are a consumer, it means where you have agreed that you will be responsible for our loss or damage) and you agree that you will fully cooperate with us when we defend those claims.
8. RIGHTS YOU LICENCE
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the website, any of its services, by email, or in any other way. Accordingly, we ask that you do not send us any original creative materials such as designs, photographs, drawings, or original artwork that you expect to be compensated for or that you would like to keep private.
If you send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a “Submission” and collectively, the “Submissions”) despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. None of the Submissions shall be subject to any obligation of confidence on our part , and we shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by us without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas.
You hereby irrevocably grant us the right, but not the obligation, to reproduce, modify, adapt, publish, license, post, sell, translate, incorporate, create derivative works from, exploit, issue or communicate to the public and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity (or the maximum period as may be permitted under applicable law), without according you any royalty, compensation or credit. By submitting a Submission to the website or us, you warrant and represent that such Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. You agree that you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Submissions to the website and/or us will not be acknowledged or returned. You agree and understand that we are not obligated to use any Submission you make to the website or us and you have no right to compel such use. You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to us does not place us in a position that is any different from the position held by members of the general public with regard to your Submission. We also have the right to disclose your identity to any third party who claims that any content posted by you to the website is in breach of their intellectual property rights or their right to privacy.
You understand and acknowledge that we have wide access to ideas, designs and other materials, and that new ideas are constantly being submitted to it or being developed by our own employees. Many may be competitive with, similar or identical to your Submission in structure, design, purpose, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical material.
Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of our actual or alleged exploitation or use of any material you submit to the website and/or us, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the exploitation or other use of any of our platforms, products or services based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.
9. TERMINATION
We may terminate your permission to use the website immediately, with or without notice if: (a) you commit any breach of these Terms; (b) we discontinue the website; or (c) we are prevented from providing the website for any reason, or for any other reason as we see fit.
Furthermore, we reserve the right to change, edit, suspend, delete and/or cancel any part of the website (and/or your access to it) at any time with or without notice to you.
On termination of these Terms for any reason: (a) all rights granted to you under these Terms will immediately cease; (b) you must immediately cease all activities authorised by these Terms; and (c) you acknowledge that we may restrict your access to the website.
When your use of the website ceases, any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
10. COMMUNICATION BETWEEN US
If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by e-mail using the contact details at the bottom of these Terms. If we have to contact you or give you notice in writing, we will do so by e-mail using the contact details you provide to us.
11. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms. You may not assign your rights or obligations under these Terms to anyone.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. Other than as expressly set out in these Terms, no third party is intended to have any right or ability to enforce any of the provisions of these Terms.
These Terms, including our Privacy Policy and Cookie Policy, constitute the entire agreement and understanding between you and us relating to the subject matter of these Terms and supersede any prior agreement or understanding between you and us relating to the subject matter of these Terms.
You acknowledge that you have not entered into these Terms in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in these Terms (other than in respect of any fraudulent misrepresentation).
These Terms are governed by English law and the courts of England will have non-exclusive jurisdiction.
12. CHANGES TO TERMS AND/OR SERVICE
We reserve the right to revise these Terms at any time by amending this page and your continued use of the website after any such amendments are published on the website will be considered acceptance by you of such amended Terms. Updated terms will supersede all previous versions of the Terms. Please check this page regularly to take notice of any changes we have made, as they are binding on you. The date these Terms were last updated appears at the bottom.
13. CONTACT US
Questions and comments regarding these Terms should be sent to: [email protected].
Registered company name: De Beers Global Sightholder Sales (Pty) Limited, trading as DTC
Address: PO Box, 329, Gaborone, Botswana
Registered company number: CO2008/5689.
DTC™ is used under licence by De Beers UK Limited.
These Terms were last updated on 1 April 2019.