Terms Of Service

Last updated 10/19/2021

OVERVIEW
Gems One Trading is a leading global diamond Jewelry supplier and a member of the Diarough Group. Our recently redesigned website has been developed to better serve the needs of over one thousand Independent Jewelry Stores who rely on Gems One as a key supplier. Throughout the site, the terms “we”, “us” and “our” refer to Gems One Trading, who offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. Any such update shall be noted by the “last updated” date at the beginning of these Terms. Your continued use of the Site and engagement with Gems One Trading for use of the Services shall be deemed your consent to any such change. As such, we recommend that you regularly review these Terms as frequently as you use the Services and Site. If you do not agree to the Terms as indicated herein, stop using the Site immediately.

SECTION 1 - ONLINE STORE TERMS of USE
You are solely responsible for keeping and protecting your Gems One account username and password confidential and limiting its access to only yourself. In addition, you are solely liable for activities that take place under your individual account and accessed with your password. Any orders placed on our website using your account will be invoiced as a firm sale, so it is your responsibility to ensure that only authorized users with ordering responsibility have access to your account. Finally, take note that we reserve the right to terminate company accounts, deny service, or cancel orders at any time in our sole discretion and for any reason. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

By using the Site you are given an individual, non-exclusive, non-sublicensable, and limited license to use and access our Site, print, and electronically copy portions of our Site for your personal non-commercial, and informational use only. This license is governed by these Terms and prohibits: (a) any commercial use of the Gems One Trading Site or Materials; (b) use of product listings, photographs, images, or descriptions in the pursuit of commerce; (c) the public dissemination or posting of Gems One Trading Materials; (d) using the Site for alternative purposes other than what is prescribed by the Terms; (e) utilizing the Site for data mining purposes; (f) manipulating the Site or its appearance, or creating alternative links or other window-exiting programming or pop-up triggers; (g) use of the Site in a way that inhibits or effects the daily operation of the Site or Services; or (h) any other non-intended use or purpose. Any unauthorized use of the Site or Materials contained therein is strictly prohibited and will prompt the immediate termination of the license granted herein, unless otherwise authorized by Gems One Trading. The aforementioned unauthorized use may additionally violate copyright and trademark laws and communications regulations and statutes and other applicable laws. Unless otherwise stated, nothing in these Terms shall be interpreted as having granted any license to intellectual property rights, whether by implication, estoppel, or otherwise. This license is revocable by Gems One Trading at any time and for any reason.
A breach or violation of any of the Terms will result in the immediate termination of Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that personal information you provide on gemsone.com (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

DMCA Policy
Pursuant to the Digital Millennium Copyright Act (DMCA) and applicable laws, Gems One Trading has implemented a policy prohibiting account holders or users of the Site (account holders, or users) who are determined to be repeat infringers of the DMCA. Gems One Trading in its sole discretion may restrict access to this Site and/or terminate the account holders or Site users who violate any intellectual property rights of others, whether there is continued infringement or not.

SECTION 3 –AVAILABILITY, ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We will make best efforts to ship your order complete. If we are unable to ship it complete, we will charge you shipping for the initial shipment, plus the first two backorder shipments. For any subsequent shipments, we will charge the insurance cost associated with the value of the product being shipped, but waive the additional shipping charge. On occasion some data points, including prices, may be displayed incorrectly due to a technical or scrivener error. Though we make every reasonable attempt to prevent such errors and confusion, mistakes happen. When such instances arise, we reserve the right to decline fulfillment of an order and will correct the error immediately upon its discovery. If a product has been shipped and not yet received by you, the price featured at the time of purchase will be honored. All our prices are final; we do not negotiate prices on our products.

It is our primary mission to ensure that you have the best shopping experience as possible while using our Site. To do so, some products may be featured larger than actual size to help you see their clarity and characteristics in greater detail. Please note that depending on your computer monitor or mobile viewing screen some products' color, brilliance and luster may vary. We take great pride in our efforts to provide you with as much information as possible about our products on our Site and wish to ensure that you make informed decisions about your purchases. To help to accomplish that goal please note that all diamonds weights are approximate. Refer to the following for size ranges appropriate to each carat weight listing:

1/20 carat 0.04-0.06; 1/10 carat 0.085-0.11; 1/8 carat 0.115-.14; 1/6 carat 0.145-0.17; 1/5 carat 0.18-0.22; 1/4 carat 0.23-0.28; 1/3 0.29-0.36; 3/8 carat 0.37-0.44; 1/2 carat 0.45-0.57; 5/8 carat 0.58-0.68; 3/4 carat 0.69-0.82; 7/8 carat 0.83-0.94; 1 carat 0.95-1.11; 1 1/5 carats 1.18-1.22; 1 1/4 carats 1.23-1.28; 1 1/3 carats 1.29-1.36; 1 3/8 carats 1.37-1.44; 1 1/2 carats 1.45-1.57; 1 5/8 carats 1.58-1.68; 1 3/4 carats 1.69-1.82; 1 7/8 carats 1.83-1.94; 2 carats 1.95-2.11; 3 carats 2.95-3.17; 4 carats 3.95-4.17; 5 carats 4.95-5.17; 6 carats 5.95-6.17; 7 carats 6.95-7.17.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time. Occasionally there may be information on our site or in the Terms of Service that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Terms of Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Terms of Service or on any related website, including without limitation, pricing information, except as required by law.

SECTION 4 - PRICE CHANGES
Listed prices are subject to change without notice. Orders accepted but not fulfilled during the time-lapsed between a price increase and the date when it is received may be honored at the new price, at our discretion

SECTION 5 - PRODUCT AVAILABILITY, DISCONTINUED ITEMS AND SITE EXCLUSIVES
We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We reserve the right, but are not obligated, to limit the sales of our products or Services to any entity, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
Gems One Trading may, in our sole discretion, limit or cancel quantities purchased per company. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Return Policy.

SECTION 7 –COOKIES AND OPTIONAL TOOLS
Where we have obtained your consent to the extent required by applicable law, we use information collected through cookies, web beacons (including pixels and tags), web server logs and other automated means for the purposes described in our Cookie Policy.
We also use third-party analytics services on our Online Channels, such as those of Google Analytics, Adobe Experience Cloud and Sizmek (insert necessary platforms here), which use cookies and similar technologies to collect data (such as IP address) to evaluate use of and interaction with our Online Channels. To the extent required by applicable law, we will obtain your consent before using cookies for analytics purposes. To learn more about these analytics services and how to opt out, please visit the relevant websites listed here:
• Google Analytics: http://www.google.com/analytics/learn/privacy.html
• Adobe Experience Cloud: http://www.adobe.com/privacy/analytics.html#1
• Sizmek: https://www.sizmek.com/privacy-policy
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
By your submission of any: question, comment, suggestion, idea, plan, note, drawing, original or creative material or other information, regarding the Gems One Trading site, or our Services and products, you acknowledge and agree that such submission is non-confidential and will become the sole property of Gems One Trading once submitted. Thereafter, Gems One Trading shall be the exclusive rights holder, including all intellectual property rights therein, and shall possess unlimited commercial and non-commercial use and disclosure of that information, or communication, without having to provide notice or compensation to you. You hereby permit partners and sub-licensees to Gems One Trading provide and disclose the name you provided in accordance with the provided communication or content, in their sole discretion. By disclosing that communication or content, you signify and warrant that (a) the content is accurate and not misleading; (b) you possess ownership rights to the communication and you have the rights to post that information on the Site and otherwise disseminate and disclose that communication or content; and (c) the communication submitted will not injure or violate the rights of any person or entity.
Product Reviews and User Content:
1. The Site may include “Interactive Services” that allow users to post, store, and share their own and user generated content. Each user or account holder is individually responsible for his/her use of any Interactive Services and does so at his/her own risk. By your use of any Interactive Services, you agree not to upload, transmit, distribute, post, create, or store, any material that is or could be considered defamatory, libelous, obscene, lewd, indecent or pornographic, harassing, fraudulent or misleading;
2. By posting or communicating your content you represent and warrant that you are not violating any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any person or entity. You also warrant that you have the legal right or authority to do so;
3. Content that you may send certain under specific submissions (for example contest entries) or may send without a request from us, such as creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'). You agree that Gems One Trading may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
4. Content that consists of instructions, enables, encourages or otherwise assists the commission of a criminal offense, violates the rights of others, or is in violation of, national or international law, is strictly prohibited and when reasonable necessary to prevent the risk of harm as determined by Clean Origin may be reported to the appropriate law enforcement authorities;
5. Viruses, spybots, adware, corrupted data or other harmful, disruptive or destructive files are strictly prohibited;
6. Misrepresentation or impersonation of any other account member, person, or entity is prohibited;
7. The unauthorized dissemination of sensitive personal information (without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers) from any other party is strictly prohibited;
8. Unwanted advertisements, promotions, marketing, and promotions, political campaigning are prohibited;
9. Account member content posted, shared, stored, or disclosed via the Site and/or Services that is deemed to inhibit any other users experience with Clean Origin may be prohibited at the Site’s sole discretion.

Your use of Interactive Services is at your sole risk Gems One Trading or the Site shall not be liable or responsible for any content that any account holder posts, stores, shares, or uploads via Interactive Services. Further, Gems One Trading shall not be liable or responsible for injury or damages that result from an account holder's activities utilizing the Interactive Services that constitute defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity. Gems One Trading or the Site do not have any duty to edit, monitor, or screen content or communications posted via the Interactive Services, however Gems One Trading and the Site reserve the right to do so for any reason and at any time with or without notice. You are solely responsible for backing up any stored content posted via the Interactive Services (if desired). Any use of the Interactive Services that is determined to violate these Terms shall result in an immediate termination of the account holders access to and use of the Site and Services without further notice. In order to preserve and maintain Gems One Trading’s integrity, business reputation, and user experience, full cooperation will be given to subpoenas and court orders, and legitimate governmental requests. In so doing Gems One Trading may disclose account member personal information if necessary to comply with applicable court orders.

SECTION 9 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy click here

SECTION 10- PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Disclaimer of Manufactured Lab Created diamonds and Gems: For many consumers shopping for a Lab-Created diamond is a new and exciting experience. We are committed to making that experience the most straightforward and rewarding as possible. Because of this commitment we strictly adhere to the Federal Trade Commission's Guideline for Lab-Created diamond manufacturers and sellers. Under the Guidelines the way that Lab-Created diamonds are listed and described are specifically defined. We use the FTC specific definitions throughout our websites, social media platforms, and internet presence. Below is a list of terms that we most commonly use. For the complete list please visit the FTC electronic federal code of regulations orwww.efcr.gov and specifically items §23.12 Definition and misuse of the word “diamond.”
• Mined diamond: A mined diamond is a natural mineral formed in the Earth’s mantle consisting of pure carbon crystallized in the isometric system. It is found in many colors. Its hardness is 10; its specific gravity is approximately 3.52; and it has a refractive index of 2.42.
• “Laboratory-Grown diamond, ”Lab-grown” or “Laboratory-Created diamond,” is a man-made crystalline form of pure carbon created by its exposure to extremely high temperature and pressure utilizing a diamond seed. It will share the same optical and chemical properties as a natural diamond.
• “Real,” “Genuine,” “Natural,” and “Precious”: terms used to describe the quality and character of only diamonds that were formed within the Earth's mantle. The said terms cannot be used to qualify laboratory-grown diamonds.
• “Flawless and “Perfect”: can only be used when qualifying natural diamonds and cannot be used to describe laboratory-grown diamonds. Flawless and perfect are used to describe diamonds where under a corrected magnifier at 10x power, show no indications of blemishes.
For more information on Lab-grown diamonds please visit our guide
Intellectual Property Disclaimer: The Gems One Trading Site and all of its social media platforms and other content including, without limitation, the “look and feel,” designs, logo, text, graphics, color scheme, pictures, selection, sound files, and the amalgamation thereof (together the "Site Materials") are the sole proprietary property of Gems One Trading and is protected by US or international copy right, trademark or patent laws.
Proprietary products and services, such as but not limited to the Site, products, the Gems One Trading logos and trademarks, and any other product or service name or slogan contained in the Site are protected trademarks of Gems One Trading and may not be imitated, used, or copied in any form, unless with prior written consent Metatags or any other "hidden text that enables or utilizes ” Gems One Trading " or any slogan, name, or trade mark of Gems One Trading may not be used without our prior written permission. Disclaimer of Warranty: THIS SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY GEMS ONE TRADING.
Limitation of Liability: IN NO EVENT SHALL GEMS ONE TRADING, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE SERVICES AND PRODUCTS, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY SITE MATERIALS AND/OR INFORMATION OBTAINED FROM GEMS ONE TRADIN, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CLEAN ORIGIN'S RECORDS, PROGRAMS OR SERVICES.

Indemnification
By using the Site, you agree to hold harmless, defend and indemnify, Gems One Trading and its associates, employees, third-parties, and contractors from and against any claims for damages, costs, liabilities, expenses, attorney's fees, etc. that arise or may arise from your use of the Site, our Services, our Products, or any part of any of the foregoing.

SECTION 12 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 13 - ENTIRE AGREEMENT
Should any of provision of the Terms become invalid, void, or unlawful, in whole or in part and thereby unenforceable at a court of law or equity, those terms or provisions shall be stricken and shall not affect the enforceability, validity, and lawfulness of the remaining terms and provisions of these Terms

SECTION 14 - Applicable Law and Venue
The Terms herein and your use of the Site and its products and services shall be governed by and construed in accordance with the laws of the State of New York. It is also agreed that any civil or criminal action at equity or law that is resultant or regarding these Terms will be filed only in the Federal and State courts located in New York County, and that you hereby irrevocably and unconditionally waive the personal jurisdiction of any other state or federal court.

SECTION 15 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to [email protected] or by mail to
Gems One Trading
16 West 46th street
Sixth Floor
New York NY 10036