Terms and Conditions
Last updated: November 2020
These Terms and Conditions constitute a legally binding agreement (“Agreement”) between You and The World Diamond Museum foundation, of 78 New Oxford Street, London WC1A 1HB, United Kingdom (“WDM”, “We”, Us”) and governs your use of WDM’s websites at www.facetsofmankind.org and its subdomains, mobile website and application, and social media profiles (“Website).
The Website of the World Diamond Museum TM – titled Facets of Mankind TM, is a virtual portal of the foundation that aims to expand the knowledge and love for the beautiful world of diamonds, gems and jewellery. Facets of Mankind features science and history as well as art, music, literature, and design. It enriches people’s engagement with diamonds by promoting research, knowledge and providing an exciting experience to all audiences.
Please read these Terms and Conditions carefully before using the Website.
Your use of the Website (through any device, including but not limited to computer, laptop, smartphone, tablet, television, etc.), constitutes and expresses your agreement to these Terms and Conditions. By using the Website, you represent that you, or your legal guardian acting on your behalf, are of legal age and capacity to form a binding contract. If you do not agree with these Terms and Conditions, please do not use the Website. WDM reserves the right to revise, change, modify, add, or remove portions of these Terms and Conditions at any time, and the modified Terms and Conditions will be effective and binding as of the time they are posted on the Website, without additional notice to You. Please check this page periodically for any modifications. Your use of the Website following the posting of changes constitutes your acceptance of the changes.
We do not guarantee that the Website will be available through all or any hardware or software that you may use or that your use of the Website (through any device or medium) will not cause damage such as loss of data or result in infection by computer virus, worms, trojan horses or other harmful components, malware or spyware. We accept no liability for such foreseeable damages and you are advised to take all appropriate safeguards before downloading information or browsing the Website. We do not guarantee or represent that the Website and any part of its content, including any product, item, offer, sale, discount, etc., will be available at all the times or at any specific time. We reserve the right to withdraw or modify the content of the Website, our products and our rates at any time.
In these terms
1.1 “Content” includes, but is not limited to any texts, images, illustrations, diagrams, curatorial notes, displays, audio, video, motion pictures, animation, technology, software, shareware, instructions, methods, schemes, concepts, and know-how displayed on the Website and/or used in the Website.
1.2 “Intellectual Property” includes, but is not limited to the worldwide copyrights, inventions, patents, utility models, trademarks, logos, brand names, good-will, designs, trade secrets and know-how; regardless whether these rights were registered in any country or not.
1.3 “Educational Purposes” includes but is not limited to non-commercial education, teaching, learning, distance learning, e-learning, private study, retrieving information, research and practicum.
1.4 “Fair Use” means non-commercial use of the Content for Educational Purposes or for the purposes of criticism, commentary, and reporting, or other uses prescribed by applicable laws as “fair use”.
1.5 “Dispute” means any dispute, action, or other controversy between you and WDM or its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, licensors or providers, concerning the Website or these Terms and Conditions, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning afforded under law.
2.1 All the original Content on the Website and all Intellectual Property associated with the Website and the Content, are the property of WDM and/or its licensors, unless otherwise stated or marked, and are protected by intellectual property laws and treaties. The Content is an original cumulative work created by and/or commissioned for WDM. The Website and the Content are protected by copyright, trademarks, and other laws of the UK and foreign countries. WDM retains any and all right, title and interest in and to the Content, as well as any and all intellectual property rights contained in the Website or vested therein or deriving therefrom.
2.2 The names World Diamond Museum TM and Facets of Mankind TM (the “Trademarks”) are registered and/or unregistered trademarks of WDM. Except for the purposes of citation, credit or endorsement, you may not use the Trademarks without the express written permission of WDM. Any unauthorized use of the Trademarks is strictly prohibited.
2.3 You may not copy, publish, distribute, upload, retransmit, make available, sell or in any other manner make use of the Content or any part thereof, and nothing contained herein shall be construed as conferring upon you any license, title, or ownership of or to any Intellectual Property rights associated with the Content or the Website, unless such use is specifically prescribed as Fair Use and is permissible under these Terms and Conditions as specified hereunder.
2.4 The rights to any change, amendment, modification, revisions or creation of derivative work in the Content and the Website are reserved to WDM. You agree not to alter, change, or modify any part of the Content and/or the Website.
3. Permissible Use
3.2 You may copy, print and display reasonable parts of the original Content, only for your personal, Educational, non-commercial use. You may distribute and react to the Content through social media applications, to the extent afforded by the functionality embedded in the Website.
3.3 If you are a teacher, scholar or student, you may copy reasonable portions of the original Content for lesson plans, reports, dissertations, presentations, school newspapers (printed or on-line) and for similar nonprofit Educational Purposes to the extent permitted as Fair Use. You may share your work products containing the Content with your respective teachers, students and fellow students and teachers, but you may not display, upload, or otherwise distribute or make your work products available to the public. Any such use of the Content should cite the author/artist of the content (if known) and attribute World Diamond Museum as the source of the original Content, including reference to the URL facetsofmankind.org. Such citation must not imply that WDM endorses your use of the Content or create likelihood of association between you and WDM or the Website.
3.4 You may not copy, publish, distribute, upload, retransmit, make available, sell or in any other manner make use of the Content or the Website, or any part thereof, unless such use is specifically prescribed as Fair Use and is permissible under these Terms and Conditions. You may not distribute, make available to the public, broadcast, transmit, publicly perform, translate or prepare derivative works of the Content in any medium or formats and through any media channels.
3.5 You may not remove or alter any part of the Content or any copyright, trademark, service mark or other proprietary notices or legends, including without limitation attribution information and credits.
3.6 You may not decompile or disassemble any software, shareware or other technology accessible through the Website, insert any code, data or product, or manipulate the Content and the Website in any way that may affects the user’s experience and use of the Website.
4. Third Parties’ Copyrights
4.1 WDM respects the intellectual property of others. Accordingly, while the Content may comprise images of works and designs that WDM believes to be in the public domain, we make no representation as to the legal status of such works. Accordingly, you are required to use such works and designs in the same manner like WDM’s proprietary works as described above, namely solely for educational, non-commercial fair use, with preservation of the authors’ moral rights by adequate citations and credits.
4.2 The Content on the Website may include trademarks, brand names and logos owned by third parties. Any use of such trademarks requires and is subject to the permission of their respective owners. You acknowledge and agree that these Terms and Conditions do not grant, expressly or implicitly, any right, freedom, or license to use such trademarks and may not be construed so as to mean that WDM has authorized such use or granted a license on behalf of any third party trademark owner.
4.3 WDM makes its best efforts to honor copyright holders and attempted to verify the status of any work included in the Content and obtain pertinent licenses with respect thereto. if you believe, despite the above, that your work has been copied into the Website, or that your Intellectual Property has been otherwise utilized in a manner that you believe to constitutes infringement, please provide the following information to WDM:
4.3.1 a description of the copyrighted work or the Intellectual Property that you claim has been infringed;
4.3.2 a description of where the Content that you claim to be infringing is located on the Website;
4.3.3 your contact information, including address, telephone number, and email address;
4.3.4 a statement that you have a good faith belief that the disputed use is not authorized by the Intellectual Property owner, their agent, representative or licensee, or the law;
4.3.5 a statement that the above information in your notice is accurate and that you are the Intellectual Property owner or authorized to act on the owner’s behalf.
4.4 WDM makes no representation or undertaking that after deliberate examination of your complaint, the disputed material will be removed from the Website. WDM reserves all its rights and contentions with respect to any disputed use of purported third party’s Intellectual Property.
5.1 WDM authored and created the Content in the Website with careful regard for accuracy and integrity of scholarship. WDM will make its best efforts to improve, enhance, and expand the Website and the Content therein on a continuous basis. WDM believes that the context, in which Content is presented, is important to understanding it. Thus, while the Website may allow you to access subsets of the Content, we urge you to consider the complete context for maximum appreciation and accuracy. While every attempt is made to provide complete and accurate information in the Website, WDM does not warrant or guarantee that the information will be at all times up-to-date, free of errors and without typographical mistakes or misprints. All typographical errors, inaccuracies, and omissions are subject to correction.
5.2 If you believe that a certain fact comprised in the Content is inaccurate, harmful, unreliable in any manner, defamatory, misleading, or distasteful, please provide the following information to WDM:
5.2.1 a description of where the Content that you believe to be inappropriate is located on the Websites;
5.2.2 your address, telephone number, and email address;
5.2.3 a statement that you have a good faith belief that the Content is inappropriate and the reasons for such belief;
5.3 WDM may publish and broadcast on the Website sponsorships, advertisements, and commercials and engage promotion activities (collectively: “Commercials”), at WDM’s sole discretion and you represent and acknowledge that you will have no claim or cause of action with respect to those Commercials.
6. Protection of Privacy
6.2 The Website is not specifically directed to children and WDM does not solicit information from children. Children under the age of 13 must obtain permission from an adult holding parental responsibility over them, before submitting personal information or other data to the Website.
7. Purchasing on the Website and On-Line Store
We welcome you to purchase the unique publications available on our on-line store. You must be 18 years of age or older to make a valid purchase on the Website. While every attempt is made to provide accurate information about the on-line Store products, WDM does not warrant that any information, including product descriptions, promotions, and product availability, is correct, complete, current, or without errors. All typographical errors, inaccuracies, and omissions are subject to correction, including without limitation errors, inaccuracies, and omissions relating to price, currency, quantities and availability of items.
7.2 Availability of Products and Price: publications and products displayed on the Website as well as our pages on Facebook, Instagram, or other social media, are available for purchase on our on-line store. If you cannot find the item you wish, please contact us. We reserve the right to change the assortment of items and publications offered through the Website, and may, without prior notice, limit the quantity of products that may be ordered in a single purchase session or the variety of products displayed and offered for sale.
We may also change prices and delivery costs of products at any time without prior notice. The price of a product and delivery costs displayed on the on-line store will be honored only once you submit an order.
7.3 Orders: If you wish to purchase an item displayed on the on-line store, choose it by clicking the “Add to Shopping Bag/cart” button. After you “Checkout” you will be linked to the payment page, where you may review your order details before submitting it and perform the payment by clicking the “Pay now” button. It is your responsibility to ensure that your order is correct before submitting it to us. Submission of your order constitutes an Offer by you to buy the Product(s) and or publications at the price set out in the order and is subject to availability, processing and acceptance by us. We are not obliged to accept your order and may, at our discretion, decline it. You do, however, acknowledge that by clicking on the ”Pay now” button, you made a binding offer and enter into an obligation to pay for the Product(s) in the event your order is accepted.
7.4 After your order is completed at checkout and your payment has cleared, you will receive an automated email of your invoice. Please note this email may be located in your SPAM/JUNK/TRASH folder if you are ordering from us for the first time.
7.5 Payment: we accept the following credit cards: Visa, MasterCard, American Express and Diners Club. You may also use online secured payment methods, such as PayPal, WePay, etc.
WDM reserves the right to refuse, limit, or cancel any orders placed on the Website at its discretion. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment, you will need to contact your card issuer directly to solve this problem, and we will not be liable for any delay or non-delivery.
7.6 Discount: Members of the World Federation of Diamond Bourses (“WFDB”) affiliated bourses are entitled to 10% discount on all books published by WDM. In order to receive the discount, please choose your bourse from the drop-down menu and indicate your membership (badge) number. By filling in your membership details, you acknowledge and declare that the information is accurate and that you are a member of the diamond bourse, affiliated with the WFDB in good standing.
7.7 Shipping: We use the shipping and logistic services of Woodland Group, who specializes in the print and publishing sector. If you did not receive your purchase within 10 business days, please contact us.
7.8 Gifts: if you mark your purchase as a gift, the purchased item(s) will be shipped to the address of the recipient, without a receipt, that will be sent directly to you. Gifts are refundable and may be exchanged.
7.9 Returns: You may return you purchased item for refund or exchange.
Our return policy lasts 14 days. In order to facilitate the return of your items, you must send it back to us within 14 days of receiving your order. To return your product (either for refund or exchange), please send it back to us through the services of either FedEx, DHL or UPS, in order to ensure the high standards required for these sensitive products. If you wish to use the services of another courier, such courier should be approved in advance by WDM. To complete your return, please attach a receipt or proof of purchase, or a copy thereof. If 14 days have gone by since you received your purchased item before you send it back, unfortunately we cannot offer you a refund or exchange.
To be eligible for a return, your item must be unopened and returned to us in the original shrink-wrap packaging and in the same condition that you received it. If the original packaging was damaged in shipment, please let us know and provide proofs as to the condition in which you received the product. You may not return opened items except in cases of serious defects which were not visible before removing the original shrink-wrap packaging. If you believe you have received a damaged or defective product, in order to exchange it with the same item in a perfect condition, please contact us within 14 days of receiving your order.
You should consider using a tracking service and you should purchase shipping insurance. As the shipping of your returned item depends on third party service providers, WE CANNOT GUARANTEE THAT WE WILL RECEIVE OR ACCEPT YOUR RETURNED ITEM AND WILL NOT BE LIABLE OF THEIR LOSS OR DAMAGE.
The time it may take for your exchanged product to reach you, may vary, depending on where you live. However, if you did not receive the item(s) within 10 business days, please contact us.
7.10 Refunds: Once your returned item is received and inspected, we will notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will be issued to your credit card or original method of payment, within 14 business days. If you have not received refund by such time, please contact us.
If an item was marked as a gift when purchased and shipped directly to you, you will receive a gift credit for the value of your return. Once the returned item is received and accepted, a gift certificate will be mailed to you
You will bear your own shipping costs and taxes for returning your item. Shipping costs are non-refundable.
7.11 International Taxes: We are not responsible for international taxes, customs and duties, that is the sole responsibility of the customer. In the event of exchange or returns, the taxes and duties will not be refunded.
8. Limitation of Liability and Exclusion of Warranties
8.1 THE WEBSITE AND ALL INFORMATION, IMAGES, ARTICLES AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “”AS PROVIDED”, WITHOUT WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTY OF TITLE), ALL OF WHICH WDM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.
8.2 PRODUCTS, PUBLICATION, VOLUMES, AND ITEMS SOLD ON THE ON-LINE STORE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTY OF TITLE).
8.3 ALL PICTURES SHOWN ON THE ON-LINE STORE ARE FOR ILLUSTRATION PURPOSE ONLY. ACTUAL PRODUCT MAY VARY DUE TO COLOR PROCESSING, PRODUCT ENHANCEMENT, ETC.
8.4 These Terms and Conditions do not constitute any representation, warrantee, undertaking or condition on behalf of WDM with respect to the Website. In particular, WDM does not represent or warrant that:
8.4.1 Your and others’ use of the Website will meet your requirements;
8.4.2 Your and others’ use of the Website will be uninterrupted, timely, secure or free from errors;
8.4.3 Defects in the operation or functionality of the Website will be corrected.
8.5 In no event shall WDM, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents and licensors, or service providers be liable for any indirect, special, incidental, punitive, or consequential damages arising out of or related to the use, inability to use, performance or nonperformance of the Website, even if WDM was previously advised of the possibility of such damages and regardless of whether such damages arise in contract, tort, unjust enrichment laws, under statute, in equity, at law, or otherwise.
9.1 To the fullest extent permitted by law, you agree to indemnify and hold WDM, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors harmless from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of (i) your violation of third party’s intellectual property rights, privacy or publicity rights, (ii) your use or unauthorized copying of the Website or the Content, or (iii) your violation of these Terms and Conditions or any applicable laws or regulations.
10. Enforcement, Jurisdiction and venue
10.1 No waiver. You expressly agree that WDM’s failure or choice not to exercise or enforce any legal right or remedy which is granted to it under these Terms and Conditions or by operation of any applicable law, rule, regulation or statute; shall not be construed as a waiver of WDM’s rights and entitlements to remedies and shall not be construed as release or discharge to you or to third parties acting for you or on your behalf, from your undertakings and obligations under these Terms and Conditions.
10.2 These Terms and Conditions shall be governed by and construed in accordance the laws of England, excluding its choice of- law principles. You hereby agree to submit to the exclusive jurisdiction of the Courts of England to review any legal dispute or claim arising from your use of the Website or from these Terms and Conditions or the breach thereof.
10.3 Class action waiver. Any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. You may not seek to have any dispute heard as a class action or join in a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.
10.4 Limitation. To the extent permitted by law, any claim or dispute you initiate must be filed within three years. The three -years period begins when a cause of action forms. If a lawsuit is not filed within three years, it shall be permanently barred.
10.5 Not Advice. Information contained in the Website is not intended to be professional or scientific advice or recommendation and should not be considered as such, nor is it intended to replace consultation with a qualified professional in the pertinent field.
10.6 Severability. If any provision of these Terms and Conditions shall be 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.
10.7 Survival. The provisions of these Terms and Conditions which by their nature should survive the termination of these Terms and Conditions and your use of the Website, shall survive such termination.