Subscriptions Terms & Conditions
When the subscription contract is formed
When you submit your order for Membership, Subscription or any Product on-line, or you fax, post or telephone us with details of your order, you are making an offer to take out a subscription and/or product which if accepted by us, will result in a binding contract.
If placing your order on-line you will either see a page or receive an email if you have supplied your email address acknowledging that your order has been received successfully and is being processed, the contract between us is not formed at this point. A legally binding contract is formed on the date we send you an email confirmation of your order.
We reserve the right not to accept or process your order for any reason. All orders are subject to validation checks and authorisation by your payment card issuer. If we do not accept your order and your credit/debit card has already been debited, we will notify you and refund your card in full immediately.
If your application to Membership contains false and/or misleading information due to malicious intent from your part (e.g.: falsified documents, your company is liquidated/not active or not yet formed etc.) or you willfully misuse a product (e.g.: you give to your customer a Product Certificate whose description does not match your product description etc.), membership may be refused and/or cancelled and any payment incurred by you not refunded.
You will receive this confirmation by email if you supplied an email address. We will not be responsible if you fail to receive the written confirmation because you have supplied us with an incorrect address (postal or electronic).
Right to refuse orders
We reserve the right not to fulfil and to cancel orders:
- In the event of obvious inaccuracies in prices, except that we may fulfil your order at the correct price;
- If we are unable to obtain payment authorisation from the issuer of your payment card.
We will deliver the hardcopy certifications (where applicable as descibed on Product Description) to the address you notify to us when you place your order. Please allow up to eight weeks for delivery. You agree that we will not be responsible for failure to deliver the certifications if you have supplied us with an incorrect address. We reserve the right to dispose of incorrectly addressed envelopes and their contents without an obligation to refund you or any other person if they are returned to us and despite efforts to contact you we do not receive correct address details.
Delay in delivery and non-delivery
We will not be liable to you for any delay in delivery or non-delivery of certificates in the following circumstances:
- where the issuer of your payment card refuses to authorise payment to us;
- where such delay or failure is due to circumstances beyond our control or the control of our sub–contractors and agents, including but not restricted to war, electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, legislative constraints, strikes, labour disputes or malicious damage involving employees.
Cancellations and Refunds
- Where a minimum term of 12 months is advertised cancellations are not permitted until the end of this initial period and we will not issue you a refund.
- For all other subscriptions or after the minimum term of your subscription, you may cancel your subscription up to 10 days prior to the date the subscription authomatically renews by notifying our Customer Care Team: DSO@DiamondsStandards.org
Prices displayed on the subscriptions section of the website will prevail at all times in relation to orders placed on-line. Prices quoted on screen do not include delivery charges and taxes (where applicable) and state the payment method. If you make ongoing Direct Debit payments or continuous credit card payments we reserve the right to increase our prices at any time after the first year of your subscription has elapsed and will notify you in writing with 15 days notice of any such price increase. Although we try to ensure that all prices are accurate, errors may occur. If we discover an error in the price of your order, we will inform you as soon as possible. You will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. We will refund you in full if you cancel the order and have already paid.
Credit Card Payment
If you are under 18 or are not using your own credit/debit card to pay for the subscription, you must ask the permission of the credit/debit card holder before entering the payment details. By clicking “Submit” you are confirming that you have obtained the express prior permission of the credit/debit card holder.
Our liability to you in the event of certificates being lost in despatch shall at our discretion, be limited either to replacement of the missing certificates.
To the extent permitted by law we exclude all other liability to you. Our exclusions of liability shall not apply to any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents.
These Terms and Conditions do not and shall not affect your statutory rights as a consumer.
Third Party Rights
A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or rely upon any provision of them.
Use of Personal Information
We use the personal and transactional information (e.g. name, address, email address, credit card details) (“Personal Information”) you supply to us in order to fulfil your subscription order.
On the online order form we will ask you about receiving details of our products and services and/or those of third parties which may be of interest to you. You should tick the relevant boxes to indicate whether or not you wish to receive such information.
Unauthorised access to personal information
Unless a member of our staff has been fraudulent or negligent, we will not be liable to you for any losses you may suffer as a result of unauthorised access by a third party to the information (including in particular credit/debit card details) you transmit when you place an order. It is your responsibility to ensure the security of your own credit/debit card details to avoid unauthorised use.
These terms and conditions are subject to change.
Governing Law and Jurisdiction
These Terms and Conditions are governed by Swiss law. You hereby irrevocably submit to the exclusive jurisdiction of the Swiss courts notwithstanding the jurisdiction where you are based.
These Terms and Conditions override any contrary terms or conditions published by us in relation to any order placed by you with us.
Website Terms & Conditions
These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.
2. Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, under these Terms, Diamonds Standards Organization (DSO) and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
You are expressly and emphatically restricted from all of the following:
- publishing any Website material in any media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Diamonds Standards Organization (DSO) may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
4. Your Content
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Diamonds Standards Organization (DSO) a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. Diamonds Standards Organization (DSO) reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
5. No warranties
This Website is provided “as is,” with all faults, and Diamonds Standards Organization (DSO) makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
6. Limitation of liability
In no event shall Diamonds Standards Organization (DSO), nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Diamonds Standards Organization (DSO), including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Diamonds Standards Organization (DSO) from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
9. Variation of Terms
Diamonds Standards Organization (DSO) is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Diamonds Standards Organization shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Diamonds Standards Organization (DSO) and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
12. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of Switzerland, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Switzerlands for the resolution of any disputes.