Terms and Conditions
TERMS AND CONDITIONS APPLICABLE TO THE USE OF THE DIAMOND TRADING COMPANY (the “DTC”)  SIGHTHOLDER WEBSITE (THE “TERMS AND CONDITIONS”)
Any use by you, whether as a guest or a registered user, of the website operated by the DTC at www.debeerssightholder.com (the "Site") is conditional upon your acceptance of these Terms and Conditions, including our privacy statement detailed in paragraph 10 below ("Privacy Statement"). Please read these Terms and Conditions carefully before you start using this Site. You may not proceed to or make use of other parts of this Site without first reading and clicking to signify your acceptance of these Terms and Conditions. We reserve the right to amend these Terms and Conditions from time to time without notice and at our discretion; however, we will notify you of any significant change. It is your responsibility to review this page for updates to these Terms and Conditions, which shall come into effect once posted. You agree that your continued use of the Site will be deemed acceptance of these Terms and Conditions, including our Privacy Statement.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS PLEASE LEAVE THE SITE NOW.
All references to 'our', 'us', 'we' or 'company' within these Terms and Conditions are deemed to refer to the DTC. “De Beers Group” means any company directly or indirectly controlled by De Beers Société Anonyme (9, Rue Sainte Zithe, Luxembourg, L-2763).
All references to 'your', 'you' or "the user" within these Terms and Conditions are deemed to refer to the user of the Site.
The following terms are defined in the Supplier of Choice Glossary of Terms [accessible in the "Document" section of "Library"]: “Best Practice Principles”, “Contract Period”, “Producer Partnership DTC’s”, “Service Guides”, “Sight”, “Sightholder”, “Standard ITO Services and Planned ITO Services”, “Supplier of Choice”, “Supplier of Choice Documentation”.
The Site comprises of a public access area and secure Sightholder only area.
The public access area comprises:
(a) the Sightholder directory (the “Directory"), including but not limited to the names and addresses, the overview and description of, and other information on each Sightholder and its associated companies for the period 31 March 2012 to 30 March 2015, as provided by the relevant Sightholder; and
(b) background information and a summary of the operations of DTC including Producer Partnership DTC’s (the “Operations Information”).
The secure Sightholder only area is a password protected section of the Site for Sightholder reference and Sight planning and comprises:
(a) news, announcements and a library containing documentation including but not limited to the Supplier of Choice Documentation for the relevant Contract Period, the Best Practice Principles and the Ombudsman annual reports (the “Library”); and
(b) the Sightholder extranet for Sight planning (the “Extranet”).
The Directory, the Operations Information and the Library are together the “Information Services”.
1 The Site
Informational Purposes Only
1.1 The Information Services are provided solely for general informational purposes.
Copying and Copyright Notice
1.2 Reproduction by the user of the whole of the Site is strictly prohibited. Users are, however, subject to the remaining provisions of these Terms and Conditions, permitted to download information from the Site (unless expressly stated otherwise) as follows:
(i) information from the Site is used for the user's business use only;
(ii) no information from the Site is to be modified in any way;
(iii) no information from the Site is to be used in breach of the Data Protection Act 1998 (or any amendments or updates thereto);
(iv) the contents of the Site may be saved to disk or otherwise stored in a private electronic retrieval system or may be printed provided that: (a) such use is for the user's own business use only; (b) such contents are deleted from any disk or private electronic retrieval system after 30 days from when such content was saved or stored; and (c) no attempt is made by you or anyone acting on your behalf to replicate, resell, hire or to otherwise commercially benefit from any information contained in the Site; and
(v) the copyright notice: © De Beers UK Limited 2012 must appear in all reproductions and/or copies.
1.3 In accordance with paragraph 15, we reserve the right to limit or refuse access to the Site or any portion of the Site to anyone who fails to comply with or is suspected to not be in compliance with the provisions of paragraph 1.2.
2 The Extranet
The Extranet shall be accessed and used by Sightholders and their representatives only.
Restrictions on Access from the U.S.A. and by U.S.A. Users (defined below)
2.1 This paragraph applies to any user who is:
(i) acting on behalf of an enterprise incorporated in, or doing business principally in, the United States of America ("U.S.A."), regardless of the user's location;
(ii) physically located in the U.S.A., even if the user seeks access on behalf of an enterprise outside the U.S.A.
(together "U.S.A. Users").
2.2 The Extranet can only be accessed by U.S.A. Users for informational purposes. U.S.A. Users are not entitled to access or use the Extranet for transactional purposes. Therefore, we regret that we cannot authorise access to the Site by any U.S.A. Users wishing or intending to conduct transactional arrangements on the Extranet and cannot provide responses to enquiries from any such persons. If you are accessing the Extranet on behalf of an enterprise incorporated in, or doing business principally in, the U.S.A., or if you are accessing the Extranet from within the U.S.A. for any reason other than for informational purposes, you should immediately exit the Extranet.
Sign-in and Passwords
2.3 To gain access to the Library and Extranet section of the Site you will be required to log-in and will be allocated a username and a unique password.
2.4 If it deems it necessary for security reasons, the DTC can enforce a password change at any time, but will warn a user in advance should it intend to do so.
2.5 Sign-in details and passwords should be treated as confidential for the duration of time that you are entitled to access and use the Library and Extranet and any services available on it. Any sign-in details and passwords provided to you should be kept safe and you should not disclose it to anyone. Usage of an individual sign-in name by multiple users or by someone other than the authorised user is a serious breach of these Terms and Conditions and could lead to the DTC suspending or removing access to the Library and Extranet for a period of time or indefinitely at the DTC’s discretion depending on the severity of the breach.
2.6 You shall inform the DTC immediately of any known or perceived breach of this provision and you shall be liable for any loss or damage that may result from having disclosed or failing to keep secure your sign-in details and/or password.
Conditions for the Supply of Standard ITOS and Planned ITOS and the Service Fee
2.7 Access to the Extranet will provide you with the opportunity to submit an intention to buy goods in accordance with the DTC’s Standard ITO Services and Planned ITO Services ("Services").
2.8 Following the successful submission of your intention to buy goods, DTC will confirm your allocation prior to the commencement of the next Sight. Your intention to buy goods is not a binding order for the goods, and is not an acceptance or confirmation by the DTC or any member of the De Beers Group to supply any goods. Goods will only be supplied solely in accordance with the Supplier of Choice Documentation, including the Service Fee Conditions (as defined below).
2.9 The provision of the Services and any access to the Services through the Extranet shall, to the exclusion of any of your standard terms of business, be subject to (1) the DTC’s Conditions for the Supply of Standard ITOS and Planned ITOS and the Service Fee (the “Service Fee Conditions”), (2) the Service Guide (all as published and updated from time to time) and (3) these Terms and Conditions. Additional terms and conditions may apply to specific Services and shall be notified in writing to you from time to time. In the event of any inconsistency or ambiguity between these Terms and Conditions and the Service Fee Conditions, the Service Fee Conditions shall take precedence.
2.10 Not all Services will be available to all users on the Site. Access to different levels or scope of services will be dependent on whether you are a Standard ITO Sightholder or a Planned ITO Sightholder and/or your registered jurisdictional location.
All rights in all material and content (including, but not limited to any lists, text, data, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) in the Information Services and on the Site are owned by us or our licensors. You agree that you are permitted to use this material and/or content solely as set out in these Terms and Conditions or as otherwise expressly authorised in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.
4 Intellectual Property
Other than in respect of any user information uploaded onto the Site, we are the owner and/or authorised licence holder of all trademarks, design rights, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise expressly indicated. Except as provided in these Terms and Conditions, use of or access to the Site does not grant you any right, title, interest or licence to any such intellectual property you may access on the Site (including for purposes of clarity, any intellectual property in User Information (defined below) uploaded onto the Site). Except as provided in these Terms and Conditions, any use or reproduction of the intellectual property (including for purposes of clarity, any intellectual property in user information uploaded onto the Site) is strictly prohibited.
5 Copyright General
All rights, including copyright and database rights, in this Site (including without limitation the Information Services) are and shall remain vested in the DTC. All software belongs to the DTC or our third party licensors. All rights are reserved.
6 No Warranties
6.1 This Site and any information provided on the Site is provided "as is," and your use thereof is at your own risk.
6.2 We, our officers, directors, employees, agents and assigns, disclaim, to the fullest extent permitted by law, all express and implied warranties, including, without limitation, any warranties of satisfactory quality, fitness for a particular purpose and non-infringement.
6.3 We do not warrant that the Site will be free from viruses, available at any time or that the contents on the Site will be accurate. Although we take reasonable steps to secure the Site, you acknowledge that the internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the Site will be safe from unauthorized access or use.
6.4 The information provided on this Site is for general information purposes only and its accuracy is not guaranteed by the DTC. Whilst the DTC endeavours to ensure that the content contained in the Information Services is correct as at the date of publication, no warranty, express or implied, is given as to the accuracy of the information.
6.5 Your sole remedy for a breach of any warranty under these Terms and Conditions shall be limited to a breach of these Terms and Conditions and to discontinue using the Site.
7 Your Responsibilities
7.1 You should always verify the information set out in this Site with independent authorities before acting or relying on it as such information is for general information purposes only and its accuracy is not guaranteed by the DTC.
7.2 It is your responsibility to use virus checking software on any material downloaded from this Site and to ensure the compatibility of such software with your equipment.
7.3 You warrant that any information that you provide for use in the Directory and/or information you upload to the Site is owned by you, and that you have the necessary permission to upload and/or disseminate that information.
7.4 In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party's consent in relation to such disclosure and that the third party has been informed of, and agree to, our Privacy Statement (see paragraph 10) and the uses which we may make of such information.
7.5 You warrant that the information that you submit as part of your intention to buy goods (including without limitation, any form submitted as part of the intention to buy goods) is accurate at the time that it is provided, and that we are entitled to rely on such information for the purposes of providing the Services.
7.6 Any information relating to third parties that may be accessed by you on the Site is confidential information. You undertake to keep such information confidential and only make use of such information for the purposes of receiving the Services. You indemnify us in accordance with paragraph 8.9 against any claims that such third party information has been commercially exploited by you.
8 No Liability
8.1 The material displayed on the Site is for information purposes only and is provided without any guarantees, conditions or warranties as to its accuracy. If you enter into any third party transaction as a result of any information sourced from this Site, the DTC shall not be liable for any use made of that information or any resultant transactions, nor shall the DTC be responsible for or involved in that transaction in any way.
8.2 To the fullest extent permitted by law we, our officers, directors, employees, agents and assigns, hereby expressly exclude: (i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; (ii) all liability for any loss, cost or damage (direct, indirect, consequential, or otherwise) suffered by you as a result of your use of the Site or from any computer virus transmitted through the Site, or other sites accessed from this Site, whether such loss, cost or damage arises from our negligence or otherwise and even if we are expressly informed of the possibility of such loss or damage; (iii) any responsibility or liability for any error or omission in respect of any information on the Site; (iv) any responsibility or liability for any changes to such information following the date of publication of the Directory; and (v) any responsibility or liability for the availability of any websites, details of which are contained in the Directory.
8.3 Subject to paragraph 8.11, in no event shall our total liability to you for all damages, costs, losses and causes of action in the aggregate (whether in contract, tort, including but not limited to negligence, or otherwise) arising from the Terms and Conditions, including our Privacy Statement, or use of the Site exceed, in the aggregate, £1,000 (GBP).
8.4 All materials, seminars, workshops and other courses provided by DTC are intended to reflect DTC’s views on the particular topics addressed (including as to relevant markets etc) but the accuracy, reasonableness, reliability or completeness of any data, statistics or other information provided is not warranted by the DTC and the provisions of paragraph 8.3 apply thereto, together with the remaining provisions of this paragraph 8.2.
8.5 No representation or warranty (express or implied) is given as to (i) the accuracy, reasonableness, reliability or completeness of any information provided in connection with the matters contained or referred to in the Site; or (ii) the achievement or likelihood of success or results of any marketing or business initiative or otherwise; or (iii) the reasonableness of any prospects, projections, targets, estimates or forecasts in connection with any marketing or business initiative or otherwise.
8.6 Neither the DTC nor any member of the De Beers Group (i) has verified or will verify any information provided by or on behalf of you in connection with any marketing or business initiative or otherwise; or (ii) is responsible for verifying your use of any such information or the legality of any proposed marketing or business initiative or otherwise.
8.7 You are to make your own independent valuation of all marketing and business initiatives and other matters referred to in this Site. You are also responsible for taking legal advice as to, and ensuring the legality of, any proposed marketing or business initiative or otherwise and for satisfying all regulatory, compliance, advertising, data protection, intellectual property and other applicable requirements.
8.8 You shall make clear to all parties with whom you deal (including, in particular, to your partners, consumers and agents) that neither the DTC nor any member of the De Beers Group is responsible for any of your marketing or business initiatives or other activities and neither the DTC nor any member of the De Beers Group is acting as agent for or on behalf of you or any member of your group. Neither the DTC nor any member of the De Beers Group shall have any liability to any party with whom you or the DTC deals in connection with the Services and, if requested by the DTC, you shall ensure that such parties provide a written acknowledgement (in a form acceptable to the DTC) to that effect directly to the DTC.
8.9 You shall indemnify, and keep indemnified, the DTC and all members of the De Beers Group against any loss, damage or cost incurred by any De Beers Group Company arising out of your use of the Site, including information obtained from linked sites, your submission or transmission of information or material on or through the Site or breach by you of these Terms and Conditions or any laws, regulations and rules, and/or the provision of the Services save where directly attributable to the fraud or wilful default of the DTC or relevant member of the De Beers Group. You shall also indemnify the De Beers Group against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right), We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defences.
8.10 Subject to paragraph 8.11, in no event shall the DTC be liable for: (a) any indirect or consequential loss (b) any loss of profit, data, revenue, business, opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with the use of the Site save where such liability cannot be excluded by law.
8.11 Nothing in these Terms and Conditions excludes or shall limit either party's liability for death or personal injury caused by negligence, liability for fraud or fraudulent misrepresentation, or any other liability which may not otherwise be excluded or limited under applicable law.
8.12 Certain countries either restrict or prohibit the use of cryptographic products/techniques. For the avoidance of doubt, the DTC shall have no responsibility for your use of any cryptology products/techniques available on or in conjunction with this Site in any jurisdiction in which you access the Site. It is your responsibility to ensure compliance with any relevant legislation relating to the use of cryptographic products/techniques. You agree to be compliant with any and all laws relating to cryptology prior to making use of any such technology on the Site, and you shall indemnify the DTC against any liability arising as a result of your non-compliant use of the same.
9 User Information
In the course of your use of the Site, you may be asked to provide personal information to us (such information referred to hereinafter as "User Information"). We process information about you in accordance with the Privacy Statement set out in paragraph 10 below. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.
10 Privacy Statement
User Information We Collect
10.1 You can decide what User Information you provide to us with the exception that for the certain functions on the Site, we will require you to submit User Information that allows us to provide this service to you. Where possible, we will enable you to select how we will use this information. You may choose to provide us with User Information if, for example, you contact us with an enquiry, fill out a survey or other form with your personal information included or request us to provide you with information. By providing User Information to us, you fully understand and clearly consent to the transfer of such User Information to, and the collection and processing of such information in, other countries or territories. Any such transfer and processing by us will be in accordance with this Privacy Statement.
10.2 We may also collect aggregated or non-User Information to track data such as the total number of visits to this Site or the number of visitors to each web page. This information shall remain in aggregated form and may be used to understand how visitors use this Site.
10.3 We will take reasonable precautions to prevent the loss, misuse or alteration of the User Information you provide. Any contractors, agents or representatives of ours whom are required to have access to this User Information in the course of providing services to us are required to keep that information confidential. If you have provided User Information about yourself and would like copies of that information, or if you would like any User Information deleted from our records, then please write to us using the details in the Contact section of the Site and we (to the extent required by law) will supply, correct or delete information about you in our files as soon as is reasonably possible.
How We Use User Information
10.4 We may use your User Information in order to communicate with you about De Beers Group products, services and news.
10.5 We may share your User Information within the De Beers Group and any company within the De Beers Group may communicate with you about De Beers Group products, services and news.
10.6 We may use User Information and non-User Information for internal marketing analysis within the De Beers Group, for example, to measure the amount of traffic to our websites. We may also share User Information with others, such as advertisers, in aggregate anonymous form, which means that the information will not contain any identifiable information about you. We will only share identifiable information with third parties for marketing analysis with your consent.
10.7 We may collect, use and/or disclose your User Information if permitted by law or required to do so by law or where we believe such action is necessary in order to detect, protect or defend us and/or other third parties against error, negligence, breach of contract, theft, fraud and other illegal or harmful activity, to comply with our audit and security requirements, and to audit compliance with or corporate policies, procedures, legal and contractual obligations.
10.8 In the event of a sale, merger, consolidation, change in control, transfer of substantial assets, financing, reorganisation or liquidation, we may transfer, sell, or assign to third parties information concerning your relationship with us, including without limitation, personally identifiable information that you provide and other information concerning your relationship with us.
10.9 In addition to disclosures identified above, from time to time we may disclose User Information to:
(i) our service providers and subcontractors, including our affiliates, retained to perform functions on our behalf or to provide services to us, such as data processing; software development; website hosting and management; information technology and office services; legal, accounting, audit and other professional service providers; and further provided such service provider does not collect, use or disclose User Information for any purpose other than to perform such functions or to provide services to us or as otherwise required by law;
(ii) a person or entity, including our affiliates, to whom disclosure is required in order to fulfil one or more of the purposes described above;
(iii) a person who, in our reasonable judgement, is providing or seeking the User Information as the authorised or appointed legal agent of the subject individual; or
(iv) any third party with your consent or where disclosure is required or permitted by law.
10.10 Your acceptance of these Terms and Conditions of use of this Site, which include this Privacy Statement, constitute the granting of consent to the use and disclosure of your User Information for the purposes set out above.
The following table lists the cookies we use on the Site:
This is a technical ‘session’ cookie set by the Site to share the number of visitors we get on the Site between web servers. This is so the Site does not get overloaded and can perform at its optimum potential.
ASP.NET issues a cookie called ASP.NET_SessionId. This cookie contains the user's session ID and the cookie will expire at the end of the session (when you close your browser). This cookie does not store personal data about you.
Used to distingush users for visitor analytics.
Used to throttle the request rate for analytics traffic.
Stores the date of the user’s visit and whether it is a repeat visit or a brand new visit.
This cookie tracks the number of visits a user has made to the Site until the user has cleared their cookie cache in their browser.
This cookie tracks when the visit to the Site begins.
This cookie measures the user engagement with the Site (i.e. level of interactions with different sections of the Site).
This cookie is used by an Omniture plugin to count the visit numbers per month for a specific user of the web page.
This cookie tracks the number of days between visits for a user visiting the Site.
This cookie is used by an Omniture plugin to capture the number of days since a user last visited the Site.
This cookie tracks whether a user is a new or repeat visitor.
This cookie determines whether the user was referred to the Site via a third-party link (i.e. search engine) or browsed directly to the Site.
Authentication cookie used by the Site to authenticate the user logging on to the Site.
This cookie is only used for setting the role of the user using the Site. This cookie does not store personal data about you.
10.12 We take security seriously and we take precautions to keep your User Information secure. We have put in place appropriate physical, electronic and managerial procedures to safeguard the information we collect. We have no control over the privacy of any e-mail communications while in transit to us. We recommend that you not include confidential, proprietary or sensitive information in e-mails.
10.13 In the unlikely event that we believe that the security of your User Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavour to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail.
How to request a copy of your Information
10.14 If you have provided information about yourself and would like to obtain copies of that information, to correct it, to withdraw the consent granted herein for its future use, or to request that it be deleted from the DTC’s records, then please contact the DTC in writing to Data Protection Co-ordinator at 17 Charterhouse Street, London EC1N 6RA, UK, and the DTC (to the extent required by law) will supply, correct or delete information about you on its files as soon as possible.
11 Viruses, Hacking and Other Offences
11.1 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
11.2 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 the Site will cease immediately.
12 Third Party Services
12.1 The Site may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-De Beers Group website does not mean that the DTC approves, endorses or accepts any responsibility for that website, its content or use, or the use of products and services made available through such website, nor does it claim any trade association with the proprietors of such third party sites.
12.2 If you click-through to any third party website, either directly or indirectly through this Site, you acknowledge and agree that you shall be subject to the terms and conditions of usage applicable to such third party website. Any arrangement made by you with a third party as a result of you accessing another website via a link from the Site shall be an arrangement between you and the relevant third party and is at your sole risk and responsibility.
12.3 We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.
12.4 Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through the Site, the content thereof, or the products and/or services made available through such websites. If you decide to leave the Site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
13 Linking to the Site
13.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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.
13.2 You must not establish a link from any website that is not owned by you.
13.3 The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.
13.4 If you wish to make any use of material on our Site other than that set out above, please address your request to email@example.com.
14 Restriction, Suspension and Termination
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Site without notice. We may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, at any time. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of any breach of these Terms and Conditions by you. We may also change, modify, substitute or remove without notice any information on the Site from time to time, remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms and Conditions.
15.1 These Terms and Conditions, including our Privacy Statement at paragraph 10, constitute the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings (whether written or oral) whatsoever between us.
15.2 The parties agree and acknowledge that they do not rely on, and shall have no remedy in respect of, any statement, warranty or understanding of any person other than as expressly set out in these Terms and Conditions.
15.3 Without prejudice to paragraph 8, the only remedy for either party for a breach of any provision of these Terms and Conditions shall be for breach of contract.
15.4 To the extent that software is available through the Site, such software may be subject to a licence agreement that is distributed or included with such software and you agree to comply with the terms and conditions of any such software licence agreements that we may communicate to you from time to time.
15.5 The failure by us to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
15.6 The parties intend each provision of these Terms and Conditions to be severable and distinct from the others. If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable, in whole or in part, the parties intend that the legality, validity and enforceability of the remainder of these Terms and Conditions shall not be affected.
15.7 All disclaimers, indemnities and exclusions in these Terms and Conditions shall survive termination.
15.8 We may without your prior permission cede, assign or otherwise transfer our rights and obligations in terms of these Terms and Conditions to third parties.
16 Law and Jurisdiction
These Terms and Conditions, including the Privacy Statement, and any matter relating to this Site, shall be governed by and construed in accordance with English law. The English Courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site, although we retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.
17 Translation (Prevail Paragraph)
In the event there is a conflict between this English version of the Terms and Conditions and a translated version, this English version shall prevail.
By accepting this Agreement, and in consideration of Factiva agreeing to allow you to receive the Information from the Subscriber, you agree to be bound by all of the terms in this Agreement.
Privacy of information
You are not liable to pay any fees under this Agreement for your use of the Information. All fees due in respect of your use of the Information itself are payable by the Subscriber. If Factiva’s agreement with the Subscriber is terminated or suspended for any reason the Information will no longer be available to you through your existing arrangement with Subscriber.
Copyright and Limitations on Use
The Information is the property of Factiva or its licensors and is protected by copyright and other intellectual property laws. The Information may be used for your personal use only. The Information may not be used in conjunction with any text-mining or data mining software or other applications. You may not reproduce, transmit, distribute, display, sell, store, archive, publish or redistribute the Information to anyone else, including, but not limited to, others in the same company or organization, without the express prior written consent of Factiva.
Disclaimer of warranties and liability
Factiva and its affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, currency, functionality, non-infringement, merchantability or fitness for a particular purpose of the Information. Factiva and its affiliates, agents and licensors shall not be liable to you or anyone else for any loss or damage. In no event will Factiva, its affiliates, agents or licensors be liable to you or anyone else for any decision made or action taken or not taken by you in reliance on the Information. Except as expressly provided herein, you shall gain no rights in or to the Information, the copyright of which is retained by Factiva and/or its licensors.
This Agreement is personal to you, and you may not assign your rights or obligations under it to anyone. If any provision of this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
19 Contact Information
De Beers UK Limited is registered in England and Wales under company number 2054170 with its registered office at 17 Charterhouse Street, London, EC1N 6RA, UK.
DIAMOND TRADING COMPANY ®, DTC ®, ™ , ™ and SIGHTHOLDER ® are trade marks of the De Beers Group of companies. ® is a registered trademark of Diamond Trading Company Botswana (Pty) Limited.
Email: firstname.lastname@example.org or +267 7135 3984
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© De Beers UK Limited 2012.
 The "DTC” means De Beers UK Limited (trading as “The Diamond Trading Company”) acting on its own account or on behalf of De Beers Diamond Trading Company (Proprietary) Limited and/or any other member of the De Beers Group and, where expressly indicated, any joint venture sales company with which the De Beers Group is in partnership with the Governments of Botswana and Namibia respectively or the Government of any other country (“Producer Partnership DTC”), in each case, as the context so requires.