General Terms & Conditions

1. Who we are and how to contact us

1.1 (“Website”) is a website operated by Nivoda Limited (“Company”, “us” or “we”). We are registered in England and Wales under company number 10736332 and have our registered office at New House Suite 47, New House, 67-68 Hatton Garden, London, United Kingdom, EC1N 8JY. Our VAT number is GB274703691. We are a limited company.

1.2 Our Website offers a powerful marketplace for businesses to buy and sell diamonds. These are the general terms of use of our Website (including the platform available on or through it). These terms apply to all users of the Website.

1.3 If you have any questions about these terms, or about our Website more generally, please contact us. To contact us, please use the form on our Website.

2. By using our website you accept these terms

2.1 By visiting or using our Website, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our Website.

2.2 We recommend that you print or save a copy of these terms for future reference.

2.3 The term “you” or “your” refers to any user or viewer of the Website.

3. There are other terms that apply

3.1 These terms incorporate by reference the following additional terms, which also apply to your use of our Website:

3.1.1 our Privacy Policy, described further under “How we may use your personal information” below; and

3.1.2 our AML Policy, which sets out our anti-money laundering policies and procedures. Use of our Website is conditional upon agreement to and compliance with our AML Policy.

3.2 If you purchase or supply goods or services from or through our Website, our Terms and Conditions of Supply and/or Purchase (as applicable) will apply to such purchase or supply.

3.3 In the event of any conflict or inconsistency between any of the provisions described in these terms of use and any of the other policies/terms and conditions, the relevant policy/terms and conditions listed first in the following list will prevail:

3.3.1 the Privacy Policy (insofar as it relates to personal data);

3.3.2 the AML Policy;

3.3.3 the Supply of Goods Terms and Conditions; and

3.3.4 these general terms.

4. We may make changes to these terms

4.1 We may amend these terms from time to time. The most recently published version of these terms will apply each time you access or use the Website. Every time you wish to use our Website, please check for any changes to these terms.

5. We may make changes to our website

5.1 We may update and change our Website from time to time to reflect changes to our online marketplace, products, our users’ needs and our business. We will try to give you reasonable notice of any major changes.

6. We may suspend or withdraw our website

6.1 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any significant suspension or withdrawal.

6.2 You are responsible for ensuring that all persons who access our Website through your internet connection, or who are otherwise employed or engaged by you to use the Website, are aware of these terms and all other applicable terms and conditions, and that they comply with them.

6.3 We will not be held liable for the unavailability of the Website or any of our services, including but not limited to any loss of revenue resulting from the unavailability or inability to use our Website or services.

7. Your account

7.1 To make use of our Website and services you are required to register for an account on the Website. You must provide accurate and complete information and keep your account information updated.

7.2 Compliance in full with our AML Policy and the KYC procedures set out therein must be completed before any supply or purchase can be processed. We may at any time and in our sole discretion suspend or withdraw the right of anyone to access or use the Website if we consider the AML Policy or the KYC procedures to have been abused or to be inadequate for any particular purpose or while we request further or replacement KYC/AML information. For further information, please see our AML Policy.

7.3 Access to the Website is only meant for the entity who has registered it/her/him-self with the Website and for whom a username and password has been given. The login details are not to be shared even temporarily with any third party. You may never use another person’s user account or registration information without our permission. We may close your account and deny you access to our services effective immediately unilaterally, you will be given notice when your account has been closed.

7.4 By using and creating an account on our Website you confirm that you have full capacity and authority to agree to these terms and that you are acting in your capacity as a sole trader engaged in, or on behalf of a company or firm which is engaged in (as applicable), a bona fide and legitimate business in the jewellery trade.

7.5 If you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

7.6 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

7.7 You are fully responsible for any purchase or other activity that occurs on your account, even if that activity is (or is alleged to be) carried out by an unauthorised third party. You are fully responsible for keeping your account details secure and the Company is not responsible for any consequences arising from unauthorised use of the account. We advise you to change your password regularly. You will notify us immediately in case of unauthorised activity on your account. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by sending a request on the contact form of our Website.

8. How you may use material on our website

8.1 We are the owner or the licensee of all intellectual property rights in and to our Website, and in and to the material published on it. Those works are protected by copyright laws and treaties around the world as well as various other intellectual property rights. All such rights are reserved.

8.2 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

8.3 Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

8.4 You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors. Unauthorised use of data or content downloaded from the Website for any commercial purposes, or passing the information contained in the website to third parties, is strictly forbidden and may lead to legal action. Users may NOT republish, scrape, reproduce, re-distribute or copy any of the content on this Website. It is particularly forbidden to link or embed any information on this Website to any platform or similar technology or sales channel without written approval from the Company. You must not attempt to reverse engineer or derive any source code or algorithms of our Website.

8.5 If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9. Do not rely on information on this website

9.1 The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

9.2 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date (including information relating to available stock listed on our Website). We do not guarantee any minimum stock availability.

9.3 All products and services listed on our Website are invitations to treat and not offers. An offer is made by you when you request a product or service and a contract is formed when that offer is accepted by us in accordance with our terms of supply and purchase from time to time.

10. We are not responsible for websites we link to

10.1 Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them.

10.2 We have no control over the contents of those websites or resources.

11. Our responsibility for loss or damage suffered by you

11.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

11.2 Our liability may further be limited in relation to the supply of goods via the marketplace on the Website as indicated in our Supply of Goods Terms and Conditions.

11.3 No warranties, conditions, representations or other promises of any kind are made in relation to our Website or any product or service listed on our Website unless expressly stated otherwise in writing. All implied terms (whether by statute or under common law) are accordingly, to the extent permitted by law, excluded and disapplied.

11.4 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

11.4.1 use of, or inability to use, our Website; or

11.4.2 use of or reliance on any content displayed on our Website.

11.5 We will under no circumstances be liable for:

11.5.1 loss of profits, sales, business, or revenue;

11.5.2 business interruption;

11.5.3 loss of anticipated savings;

11.5.4 loss of business opportunity, goodwill or reputation; or

11.5.5 any other indirect or consequential loss or damage.

12. How we may use your personal information

12.1 We will use your personal information as set out in our Privacy Policy, the terms of which are expressly incorporated herein by reference. By using our Website, you agree to the terms and conditions of our Privacy Policy from time to time.

13. We are not responsible for viruses and you must not introduce them

13.1 We do not guarantee that our Website will be secure or free from bugs, vulnerabilities or viruses.

13.2 You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

13.3 You must not misuse our Website by knowingly introducing viruses, trojans, vulnerabilities, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

14. Rules about linking to our website and links provided on our website

14.1 You may link to a web page that is publicly accessible (i.e. does not require a login), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

14.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

14.3 You must not establish a link to our Website in any website that is not owned by you.

14.4 Our Website must not be framed on any other website.

14.5 We reserve the right to withdraw linking permission without notice.

14.6 If you wish to link to or make any use of content on our Website other than that set out above, please contact us by sending a message on the contact page of our Website.

14.7 This Website provides links to third party websites, including but not limited to GIA certificates, images and videos of goods. You acknowledge and agree that we are not responsible for the content and or availability of such external websites or resources.

15. Which country’s laws apply to any disputes?

15.1 These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.