VÉRITÉ Diamonds

These terms and conditions apply to the Vérité Diamond Web site located at www.veritediamonds.com, and all associated Web sites linked to www.veritediamonds.com by Vérité Diamond, its subsidiaries and affiliates, including Vérité Diamond’s sites around the world (collectively ‘the Site’). Please read these terms and conditions (the ‘Terms and Conditions’) carefully. BY VISITING AND/OR USING THE SITE IN ANY WAY, SUCH AS BROWSING PRODUCTS OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the Vérité Diamond Site.

Change of Terms

These Terms and Conditions govern your use of, and any purchase from, the Vérité Diamond Site, and constitute an agreement between you and Vérité Diamond. Vérité Diamond reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

Site Content

The Site and all content and other materials, including, without limitation, the Vérité Diamond logo, and all designs, text, icons, graphics, logos, images, pictures, selection, coordination, ‘look and feel’, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Vérité Diamond or its affiliates, licensors or users and are protected by Australia and international trade dress, copyright laws, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Copyright in the documents and material on the Vérité Diamond Site is owned by or licensed to Vérité Diamond. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. Nothing contained on the Vérité Diamond Site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Vérité Diamond Site without the written permission of Vérité Diamond or any third party that may own such trademarks or service marks.

Trademarks

Vérité Diamond, the Vérité Diamond logos, and any other product or service name or slogan contained in our Site are trademarks of Vérité Diamond and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Vérité Diamond or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Vérité Diamond”, “Vérité”or any other name, trademark or product or service name of Vérité Diamond without our prior written permission. All other trademarks, registered trademarks, product names and Vérité Diamond names or logos mentioned in our Site are the property of their respective owners.

Use Of The Site

You are granted a personal, limited, non-sublicensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include:

  1.  any resale or commercial use of our Site or the Site Materials therein;
  2. the collection and use of any product listings, pictures or descriptions for commercial purposes;
  3. the distribution, public performance or public display of any Site Materials,
  4. modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof;
  5. use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods;
  6. downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site;
  7. cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site;
  8. use our web sites in any way which interferes with the normal operation of our sites; or
  9. any use of our Site or the Site Materials other than for its intended purpose.

Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Vérité Diamond, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.

Product Availability

On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.

On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third party fulfillment provider’s inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.

If you’re interested in a piece of jewelry that is currently on back order, email us and we can tell you when the item will be back in stock. Sometimes with the volume of orders we receive, an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options.

Pricing

In rare circumstances, data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. Inadvertent errors or inaccurate advertised prices are not binding on Vérité Diamond, and may be adjusted by Vérité Diamond at any time. Vérité Diamond reserves the right to correct any and all errors when they do occur. If an order is placed with a lower product’s listed price than the actual price, Vérité Diamond will, at its discretion, either advise the customer before shipping the product or cancel the order and notify the customer of such cancellation. Our prices are also subject to change without notice. Vérité Diamond apologizes for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact one of our diamond and jewelry experts at info@veritediamonds.com.

We do not negotiate prices on our products and all our prices are final.

PAYMENT INFORMATION

We accept PayPal and credit card payments. In some countries we offer invoice payments, direct debit and direct bank transfer options through our payment provider Stripe.

After you have selected your jewelry and provided shipping information, you will see a prompt for your payment details, such as your credit card information and any promotional codes or gift cards you may have. By entering your payment information and submitting your order, you authorize us and our third party payment processors to charge the amount of the order to your selected payment method.

YOUR ACCOUNT AND ORDER

When you access or use the Vérité Diamond website or your personalized Vérité Diamond account, you are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer. You are further responsible for all activities that occur under your personal account and your password. If you are under the age of 18 years old, you may use www.veritediamonds.com only under the guidance and direction of a parent or guardian. Please note that Vérité Diamond reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content or cancel orders.

In the case where a customer files a chargeback, Vérité Diamond has the right to recover its direct and indirect costs, and cancel any promotional items, free shipping, or other benefits, as determined in Vérité Diamond’s sole and absolute discretion.

GENERAL SHIPPING INFORMATION

The “ships by” date for each design is provided on the product page. Loose diamond purchases ship within 1-4 business days. No delivery on weekends or holidays. All shipments require a signature upon delivery. Orders cannot be shipped to a P.O. box.

SIGNATURE REQUIREMENTS FOR DELIVERY

For your protection, Vérité Diamond insures and registers all items for their full value. Vérité Diamond requires that all deliveries must be made to a physical business or home address only – we do not ship to P.O. Box addresses. We also require an adult to sign for the delivery of orders exceeding $500 AUD in value.

CANCELLATION OF PRODUCTS

Vérité Diamond reserves the right to cancel products or services to any customer for any reason at any time. The customer’s sole remedy in such cases will be the full refund of any funds that we have collected in reference to the canceled products and/or services.

To exercise the statutory right to cancel you must inform us within 3 days after placing order by contacting us via info@veritediamonds.com. The cancellation period is 3 days after placing order.

To meet the cancellation deadline, you must send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

RETURN OF PRODUCTS

  • In the event that you are not satisfied with your purchase, simply return it within 14 days for an exchange or full refund. The returned items must be in their original, unworn condition and accompanied by all the original documentation/certificates.

  • The 14-day return/exchange period will begin on the date that your order was collected from our showroom or the delivery tracking shows has been delivered to you or 60 days after we’ve informed you that your order was ready for dispatch/collection – whatever comes first.

  • Shipping fees are nonrefundable.

  • Requesting a refund must be in writing via email at: info@veritediamonds.com.

Please note a few exceptions:

  1. Personalised Nature

    The following items are non-returnable due to their personalised nature: items that have been engraved, resized or modified, previously exchanged items and custom designed jewellery. Items that are special order, customized/altered, engraved, have been repaired/resized, fall outside of the standard ring size range, or have been previously exchanged are not returnable or exchangeable. Also, rings that are not resizable such as eternity bands or rings with special patterns are not eligible for return.

  2. Custom Designed Rings

    This policy does not apply to customers that choose us to custom design a ring for them. Custom designed rings are those that have to be specifically made for the client which are a different design to that listed on our website.

  3. Multiple Returns/Exchanges

    Customers may only make use of our 14-day return and exchange policy once within a 12-month period on one product category.

  4. Lower Diamond Quality

    Due to the difficulty of re-sale for lower quality diamonds, we can not offer refunds or exchange on any diamonds that are J,K,L or M in colour and any diamonds that are I1 in clarity. Please make sure you choose carefully and if you are unsure about the colour/clarity of a lower grade diamond.

  5. Shipping fees & rush fees & duties/taxes

    Please note that rush fees and shipping charges are non-refundable and Vérité Diamond do not pay for shipping, duties or taxes of items returned to us.

  6. Fancy Coloured Diamonds

    Due to the unique nature of our Fancy coloured diamonds (Pink, Blue, Yellow), all sales will be final and no exchanges or returns will be permitted.

  7. Mens Wedding Rings

    Vérité Diamond won’t accept mens wedding rings returns.

  8. Toi Et Moi

    Toi Et Moi rings are considered a custom design and fall outside of our 14 days exchange/refund policy.

  9. Unworn, Tagged Products

    Please note that Vérité Diamond will only authorise refunds or exchanges if the product is returned in new condition, unworn and the tag stays on the product and is unbroken.

DIAMOND CERTIFICATES

When you order a loose diamond, Vérité Diamond will ship it to you with the accompanying diamond grading report (also called a diamond certificate), normally the reports are granded by IGI. All engagement rings or loose diamond will be shipped with the IGI diamond certificates, along with any piece of jewelry with a 1ct or larger diamond. These diamond grading reports are extremely expensive to replace and as a result of this, Vérité Diamond requires each diamond grading report to be included with each returned diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee of $400 AUD (or equivalent amount in other currencies).

COMPARISON PURCHASING

We do not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly. To confirm the quality of a jewelry item, please contact one of our Customer Experience Specialists at info@veritediamonds.com, or schedule an in-person or virtual appointment with one of our Diamond Experts. and we would be happy to help you make your choice.

INFORMATION ON OUR SITE

Vérité Diamond is committed to providing current and accurate information on our websites, email, chat, and telephone communications. We do not, however, warrant that this information is always correct, accurate, or complete.

Information that we communicate is not a binding contract, and should not be treated as such. The sole remedy of a customer acting on incorrect information is to request a cancellation of the order placed as a result of this incorrect information. If an order has been shipped, the customer agrees to either return the product for full credit or pay the difference between the actual and charged prices. Please review our Return Policies.

Products may appear on the Vérité Diamond website larger or smaller than their actual size. Given the variation in computer monitor settings, color and size may vary slightly when viewing product photography. In compliance with industry standards and FTC regulations, carat total weight may vary 0.05 carats from stated weight. For diamond jewelry set with multiple diamonds, we provide the minimum total carat weight for the piece. Color and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated.

Vérité Diamond retains the full unrestricted rights to all jewelry designs, whether custom or standard and may choose to market or sell jewelry based on such designs.

All representations including representations regarding gemstone origin, recycled content of precious metals, and estate information, are provided to the best of Vérité Diamond’s knowledge and without guarantee or warranty of any kind.

PRIVACY POLICY

Please review our Privacy Policy, which also governs your visit to this site and for information on how Vérité Diamond collects, uses and discloses personally identifiable information from its customers. Vérité Diamond does reserve the right to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Vérité Diamond’s systems and customers, or to ensure the integrity and operation of Vérité Diamond’s business and systems, and as such, Vérité Diamond may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content (as defined herein). Vérité Diamond’s right to disclose any such information shall govern over any terms of Vérité Diamond’s Privacy Policy.

REPEAT INFRINGER POLICY

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Vérité Diamond has the sole discretion to terminate and bar specific website users or Vérité Diamond account holders who under appropriate circumstances are determined to be repeat infringers. Vérité Diamond further reserves the right to limit access to this website and/or terminate the account of any users whom Vérité Diamond reasonably suspects to have infringed any intellectual property rights of others, whether or not there is any repeat infringement.

THIRD PARTY CONTENT

Vérité Diamond may provide links to Web pages and content of third parties (‘Third Party Content’) as a service to those interested in this information. Vérité Diamond does not monitor or have any control over any Third Party Content or third party Sites. Vérité Diamond does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Vérité Diamond does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.

ADVERTISEMENTS AND PROMOTIONS

Vérité Diamond may run advertisements and promotions from third parties on our website. These advertisements and promotions are conducted under the direction of the third party and Vérité Diamond is not responsible or liable for any loss, damage or liability incurred by you as a result of any dealings with the third party provider or resulting from the presence of these unaffiliated third parties on our website. Any business transactions, correspondence with, participation in the promotions of, advertisers other than Vérité Diamond and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

FEEDBACK AND SUBMISSIONS

You acknowledge and agree that any feedback or submissions, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, Vérité Diamond, or the Vérité Diamond products or services that are provided by you to Vérité Diamond in any form are non-confidential and upon submission, shall become the sole property of Vérité Diamond. Vérité Diamond shall own exclusive rights, including all intellectual property rights to said feedback and submissions, and shall be entitled to the unrestricted use and dissemination of the feedback and submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Vérité Diamond and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they so choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not and does not violate any rights of or cause injury to any person or entity.

SOCIAL MEDIA USER CONTENT

At times, Vérité Diamond may reach out to social media users to seek their permission to feature our favorite content on our Site, social channels, or in promotional materials. Vérité Diamond may request permission from you to use your social media User Content consisting of photos, text, graphics, audio, video, comments and other materials from social media sites, in connection with Vérité Diamond’s business, product features, marketing, promotional, advertising and other consumer-related activities.

When you respond to a request for permission to use your social media User Content, you are granting Vérité Diamond and its related agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your social media User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your social media User Content in any manner in their sole discretion, with no obligation to you whatsoever.

You are also granting the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your social media User Content.

You are also agreeing, representing and warranting that (i) you are solely responsible for your social media User Content, (ii) you own all rights in and to your social media User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such social medial User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your social media User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the social media User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

Please note that the social media User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using this Site, you are consenting to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with the use of your social media User Content as described herein. Your personal information may also be transferred to servers located outside the country in which you live or to third parties in other countries so that we may process personal information on the Licensed Parties behalf. By providing the Licensed Parties with personal information, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms and Conditions, the Vérité Diamond Privacy Policy and applicable data protection laws and regulations.

The Licensed Parties reserve the right to remove any social media User Content from the Site. If you believe any content, including social media User Content, residing on the Site infringes any person’s or entity’s copyright rights, please contact Vérité Diamond.

PRODUCT REVIEWS AND USER CONTENT

Vérité Diamond’s website and social media accounts include or may include in the future a product review feature, discussion forums, user generated content, or other areas or services in which you or a third party has the opportunity to create, post, or store content, messages, materials or other items on our website or social media accounts (“Interactive Areas”). You shall be solely responsible for your use of such Interactive Areas. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our website any of the following: (a) Any message, data, information, text, music, sound, photos, video, graphics, code or other material (“User Content”) that is or would reasonably be considered to be unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, statute, or regulation, including, but not limited to, the regulations of the Australian Securities and Investments Commission (ASIC) or any rules of a securities exchange such as the Australian Securities Exchange (ASX).; (c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) Unsolicited promotions, political campaigning, advertising or solicitations; (f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (g) Viruses, corrupted data or other harmful, disruptive or destructive files; and (h) User Content that, in the sole judgment of Vérité Diamond, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our website, or which may expose Vérité Diamond or its users to any harm or liability of any type.

If you post User Content to our website, email User Content to Vérité Diamond, and/or provide Vérité Diamond permission to use, repost, or otherwise share User Content you have created or shared on social media, you grant Vérité Diamond a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You further grant Vérité Diamond and sublicensees the right to use the name that you submit in connection with such content, if they choose to do so. You represent and warrant that (a) you own and control all of the rights to the User Content or you otherwise have the right to such User Content; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.

Vérité Diamond disclaims any responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor shall Vérité Diamond be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter as a result of said User Content posted. Your use of the Vérité Diamond Interactive Areas is at your own risk. Vérité Diamond is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Additionally, Vérité Diamond reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on our website at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on our website at your sole cost and expense.

Any use of the Interactive Areas or other portions of the Vérité Diamond website in violation of the foregoing paragraph violates these Terms and Conditions and may result in termination or suspension of your rights to use the Interactive Areas and/or our website.

VÉRITÉ DIAMOND’S MODERN SLAVERY ACT STATEMENT

Vérité Diamond is passionate about cultivating a more transparent, sustainable, and compassionate jewelry industry. Vérité Diamond is committed to taking actions to help safeguard against modern slavery in its operations and supply chain.

VERIFICATION

Vérité Diamond evaluates the business operations and sourcing practices of Suppliers prior to engaging with them in an effort to better understand the risks of modern slavery in that Supplier’s operations. This evaluation includes an assessment of Supplier-provided data of their sourcing practices and business operations, as well as a review of other information available to and requested by Vérité Diamond.

At Vérité Diamond, we solely use diamonds directly from our own foundry. All Diamond Foundry created diamonds are subject to the laws of Australia.

We own our own polishing workshops but at times may utilize additional capacity from third-party polishers. All polishing operations are required to demonstrate a robust chain of custody protocol for our diamonds supplied to them, including the ability to track and keep our diamonds segregated from diamonds from other sources. For the avoidance of doubt, we require that all polishing takes place in facilities 100% dedicated to our business.

AUDITS

Suppliers undergo assessments that include the evaluation of modern slavery risks in their supply chain. Our Suppliers may be subject to in-person, announced assessments by Vérité Diamond or announced third-party audits.

ACCOUNTABILITY

Vérité Diamond employees are expected to abide by policies in our Employee Handbook, which include prohibitions against the use of modern slavery. These documents also outline the Company’s other human rights standards, and procedures for reporting any alleged violations of Vérité Diamond policies. Violation of these guidelines can result in disciplinary action, up to and including termination of employment.

TRAINING

Vérité Diamond’s standards and policies are regularly communicated to employees, including during their onboarding orientation. Employees with roles and responsibilities related to supply chain management also receive specific training related to our supply chain policies and procedures, including vendor evaluation procedures to mitigate human rights risks.

DISCLAIMER OF WARRANTIES

This site, the content contained therein and the products provided in connection therewith (the “products”) are provided on an ‘as is’ and ‘as available’ basis. Vérité Diamond makes no representations or warranties of any kind, whether express or implied, as to the operation of this site or the information, content, materials or products included on it. You expressly agree that your use of this site is at your sole risk, by your own free will, and that you are solely responsible for any consequences arising from this use. without limiting the foregoing, Vérité Diamond disclaims all warranties, whether expressed or implied, including, but not limited to, implied warranties of merchantability and/or fitness for a particular purpose, title, and non-infringement as to the information, content, and materials on the site. Vérité Diamond, does not warrant that this site, its servers, or its electronic communication are accurate, reliable, complete, current or free of viruses or other harmful components.

LIMITATION OF LIABILITIES

In no event shall Vérité Diamond, its directors, members, employees, affiliates, or agents or any other party involved in creating, producing, or delivering the Vérité Diamond products be liable to you or any third party for damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, special, punitive and consequential damages or other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in contract, tort, or otherwise, including negligence, arising out of or in any way connected with or resulting from the use of our site, the products, the services or the content contained in or accessed through the Vérité Diamond site, or that results from the reliance by user on any information obtained from VRAI, including any error or omission regarding listed diamond origin, any mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission or any failure of performance of the VRAI site, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Vérité Diamond’s programs or services, even if Vérité Diamond is expressly advised of the possibility of such damages, or even if the loss, damage or expense was caused by Vérité Diamond, its directors, members, employees, affiliates or agents. in no event shall Vérité Diamond’s liability be greater than the price you paid for the product or service that is the basis for the claim.

Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. It is your responsibility to check local laws for any restrictions or limitations regarding the exclusions of implied warranties.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Vérité Diamond, its independent contractors, service providers and consultants, and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, expenses and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the Vérité Diamond Site or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against Vérité Diamond and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.

TERMINATION

Notwithstanding any of these Conditions, Vérité Diamond reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.

MISCELLANEOUS

These Conditions contain the entire understanding of you and Vérité Diamond with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and Vérité Diamond with respect to the subject matter hereof. The failure of Vérité Diamond at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of Vérité Diamond to thereafter enforce each and every provision of these Conditions. No waiver by Vérité Diamond of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions.

MODIFICATION AND NOTICE

You agree that Vérité Diamond may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.

ARBITRATION

These Conditions and your use of this Site shall be governed by and construed in accordance with the laws of Australia, without resort to its conflict of law provisions. You agree that any action at law or in equity or any dispute, claim or controversy arising out of or relating to these Conditions or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or purchases from the Site thereof, (collectively, “Claims”) shall be resolved by binding arbitration, as described below, instead of in court, except that each party retains the right to bring an individual action in small claims court. You further agree that arbitration must be on an individual basis and that you are hereby waiving your right to join or consolidate Claims in arbitration or arbitrate any claims as a representative or member of a purported class. You acknowledge and agree that you are waiving the right to a trial by jury. This arbitration provision shall survive the termination of these Conditions, as well as any other contractual agreement that you have with the Company.

You acknowledge and agree that, by agreeing to these Conditions, the Commercial Arbitration Act shall govern the interpretation and enforcement of this provision, and that any such arbitration must proceed with the Australian Centre for International Commercial Arbitration (ACICA) or Resolution Institute in Sydney, New South Wales, before a mutually agreed upon single arbitrator licensed to practice law in Australia. It will be conducted in accordance with the then-prevailing Arbitration Rules of the ACICA, and the arbitrator shall be bound by these Conditions. The arbitrator shall have authority to award or grant legal, equitable, and declaratory relief. Such arbitration shall be final and binding on the parties.

SEVERABILITY

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.