Welcome to Diamond Trading Application (hereinafter: "The Application").
The Application is the property of Kunming International Ltd, (hereinafter: "Kunming Diamonds" or "the owners") and any use of it, made by you, is subjected to the provisions of the Terms of Usage hereunder.
The Application aimed at representing the products catalogue of Owners as in force from time to time.
The Application does not serve you, the user, in any capacity, except for functioning as a catalogue of diamonds that may be offered by Owners for offline sale from time.
The owners are not committed to sell any diamond or other product at any time neither make any other transaction with users.
The owners are not responsible and have no liability in any way for the quality of any of the diamonds presented in the Application.
This Application is for convenience purposes only and may not substitute any binding undertaking to supply any goods or services or any accurate information and shall not apply any responsibility on goods or services supplied by third parties.
These Terms of Usage apply to The Application and/or any part hereof, including designs, source code, software modules and any other content of The Application and/or which The Application allows access to and/or their downloading, and they constitute an integral part hereof and of The Application operation.
Information on this Application may be inserted thereto by third parties such as information providers, services providers, sellers, and alike, which the Owners shall not be responsible of.
Use of any information, products and/or services, as well as using The Application is at the user's sole responsibility, and subjected to the provisions of these Terms of Usage.
These Terms of Usage apply on whoever has made, is making and/or shall make use of The Application.
In these Terms of Usage, the expression "content" shall include any service, product, source code, software module, software application, text, photograph, picture, design, illustration, map, sound track, video track, graphics, expression, creation, knowledge, or other information, entirely or partially, presented in this application and/or used for its planning/characterization and/or which are included in it and/or addressed to/from it, and that - in any type of communication and/or connection, whether with or without consideration, by you and/or any third party, as well as intellectual property rights, including but not limited to patents, trademarks, copyrights and moral rights, associated with any of the above.
In these Terms of Usage, any use of the masculine form or the feminine form is for convenience purposes only, and the approach is made for both men and women. Furthermore, any reference made to the singular shall mean to include the plural form as well and vice versa.
The provisions of these Terms of Usage are accumulative and/or substitutive and/or complementary, as relevant to the context.
In the absence of agreement with any of the provisions included in these Terms of Usage, you should refrain from making any use of The Application.
The Owners reserve the right to allow or deny the use of The Application at any time, as well as change and/or cease the option to do so, at their sole discretion.
Access to The Application or part hereof and the possibility to perform certain actions may be feasible for certain users yet limited for others, for various reasons, or may not be possible at all and/or involve the allocation of a user name and/or password and/or dependent upon the fulfilment of a questionnaire and/or the providing of personal details, and alike, at the sole and absolute discretion of the Owners.
The Owners may initiate the requiring of the above without prior notice, or continue to require that, or cease to require that, or do so from time to time, without prior notice, at their sole and absolute discretion.
If you provided an email address, phone number, or other communication means, you hereby agree to accept messages to that email which you provided for various needs, including advertisements, invitations, offers, notices and commercial messages of any sort. You are allowed to request the cessation of the transmission of the said messages as per the provisions of any law.
By using The Application, you hereby consent to the collection and follow up of your personal data, information, content, actions and usage habits, and these shall be used for various needs, including commercial and marketing ones.
The Owners reserve the right to choose to whether and which contents shall appear and/or be advertised, or cease/continue to appear and/or be advertised on The Application, or shall appear/be advertised from time to time, all at their sole and absolute discretion, and under their commercial needs, and without prior notice or retroactive update.
The Owners may, from time to time, change, add, derogate, delete and update The Application contents and/or appearance and/or operational method and/or usage method and/or products and/or services included herein, without prior notice and at their sole discretion.
The Owners reserve the right to include in The Application contents which constitute their/others advertisements and/or any other commercial contents (hereinafter: " advertisements ").
Pictures, illustrations and simulations appearing in The Application are for illustration only, and do not oblige the Owners.
The advertisements or services offers appearing in The Application and/or sent to its users are at the advertisers'/ service-providers' complete and sole responsibility.
The Application contents may contain mistakes, including dates, prices, payment terms and more, and the Owners reserve the right to amend any such mistakes at all times without bearing any responsibility for the mistake and/or the amendments thereof.
The Owners reserve the right to actuate access ways, search means and/or search engines in The Application, to allow access to certain contents in The Application or part hereof at the Owners' choice, as well as to change and/or cease to do so, at their sole discretion.
You hereby approve that various faults may occur, deriving from various reasons which may prevent access and/or use of The Application, or burden them, including communication difficulties and/or maintenance purposes and/or other reasons, and The Application usage may be cut off and/or stopped without being completed and/or saved. The Owners shall be relieved of any responsibility thereof, and you should save in advance any information you consider making use of or uploading to The Application, before doing so.
If, under the frame of application usage, search, order of products and/or services and/or other activity performed through The Application, The Application allows you to upload information and/or any contents, the responsibility for such contents, their meaning and their actual uploading applies to you alone.
Without derogating from the above, you may not upload any contents which may be offensive to any person, good name, privacy, proprietary or other rights, and uploading contents which are contrary to the provisions of these Terms of Usage and/or any law is prohibited.
The Owners reserve the right to edit, change and even delete such contents. You hereby provide your explicit consent to contents' changes and/or editing and/or deleting.
It is your right to approach the Owners and request the deletion of contents you uploaded to The Application, and the Owners shall make an effort to fulfil your request, however, they do not undertake to do so.
The responsibility for any act or omission, which does not comply with the above, applies to you alone.
The Application may redirect to other contents, advertisements, other applications and/or sources, which are not at the control and/or supervision of the Owners. Therefore, the liability for any damage of any kind caused by any offensive, immoral, illegal materials, or as a result of and/or by the above, does not and shall not apply to the Owners/Sellers and/or whoever on their behalf.
The intellectual property rights for The Application and any contents included herein are protected in Hong Kong SAR and abroad in virtue of Hong Kong SAR laws and International Conventions.
The Owners respect the ownership rights and intellectual property rights of others, and so should you.
This application and its contents are the sole property of the intellectual property rights Owners, and they are not your property, and they are not to be used but subject to these Terms of Usage.
Unless otherwise explicitly agreed upon in advance and in writing, the information and/or intellectual property rights of The Application should be regarded as the Owners alone and/or as permitted to use by the Owners or third parties, inclusive of copyrights, moral rights, trademarks, service rights, brand names, models, patents, creations, designs, inventions, trade secrets, technological information, functional information, professional information, commercial and business information, and any information and/or intellectual property right, whether registered or not (hereinafter: " the intellectual property rights ").
Third parties, having intellectual property rights in contents uploaded to The Application, without the Owners' knowledge of and/or consent to it, are requested to approach the Owners and/or whoever on their behalf and report them of the matter.
The Owners reserve the right to enforce, change, amend, and prevent any use and/or upload to The Application and/or advertising of contents infringing their intellectual property rights and/or those of third parties, and to demand any compensation and/or indemnity from whoever may have placed and/or places the Owners in a position of possible infringement of their and/or others' rights.
The Application and/or its contents are not to be used in an offensive manner towards an individual, his good name, privacy or rights. The Application and/or its contents are not to be used in any manner that is contradictory to these Terms of Usage and/or the provisions of any law, custom, or public regulation.
Any download and/or use of The Application and/or any of the contents included therein and/or taken therefrom, are for personal use only, and are not to be of any other use including business, marketing, massive or commercial use, unless permitted by the Owners, explicitly, in advance and in writing.
Without derogating from the generality of the above, none of the contents and/or intellectual property rights of the Owners and/or third parties are to be used without their consent, including but not limited to, by way of cutting, pasting, saving as file, duplicating, distributing, processing, deleting, adding, changing, selling, renting, lending, transferring, coping, rewriting, publicly presenting, publicly performing, creating a derivative work, or in any other way.
Whoever does so without the explicit permit of the Owners, in advance and in writing, to the extent possible and subjected to its terms, risks standing to criminal and civil trial, including orders of injunction, search, hold, monetary claims, ceasing of goods, arrest, imprisonment, and any other and/or additional enforcement means the Owners shall deem appropriate.
The permit, provided to you by the Owners, to make use of any contents on The Application, is not and shall not serve, if and to the extent provided, to derogate from the Owners' rights, including Ownership rights in general and intellectual property rights specifically, and no deed or omission shall be interpreted as a consent for transfer and/or usage of any intellectual property right or other right, to the permit owner or to another individual, unless agreed upon explicitly, in advance and in writing, and subject to the rights titled/owned by the Owners, or that the latter have received from third parties, and subject to the provisions of any law.
Without derogating from the above, "fair use" of the creation, as interpreted by any law, is permitted for the purpose of self-learning, research, audit, review, journalistic report, extracting quotations, instruction and examination by an educational institute only. In any fair use, the contents and application writers must be given credit. The contents are not to be damaged, distorted or altered in any way, or used for any offensive action.
The Application and its contents are presented and offered to use on "As Is" basis.
The Owners shall not bear any liability, contract and/or tort and/or other, for any use of The Application and/or its contents for any reason.
The Owners shall not bear any liability for contents submitted or uploaded by you in relation to their legality, reliability, credibility, accuracy, intactness, computerized files attached to them, and for any damage, loss, distress or consequences, directly or indirectly, to you and/or to any third party.
The Owners shall not bear any liability for any damage incurred due to the downloading of The Application and/or link/contents included therein, including the presentation or advertisement of contents in any other way. Furthermore, the complete and sole responsibility for any link, presentation, advertisement, or other contents made by you, apply to you and you hereby undertake to indemnify the Owners for any related damage.
The Owners are not obligated to save any contents you uploaded to and/or downloaded from The Application, and the responsibility for saving contents in your own means, is independent of the Owners and/or The Application and/or whoever associated with them, and applies to you alone. Saving such contents is subjected to the provisions of any law and these Terms of Usage.
You hereby declare that any liability and risk for any damage and/or loss incurred to you due to the use of The Application, apply to you, including: accidents, distress, economical aspects and any other damage. It is further indicated that using the mobile phone while driving is prohibited and dangerous to you and your surroundings.
You hereby undertake to indemnify and compensate the Owners and/or whoever on their behalf, for any deed and/or omission causing the Owners direct or indirect damage, loss, loss of profit, payment or expense, whether due to the breaching of these Terms of Usage, whether due to the breaching of the provisions of any law, and whether due to any third party pretense or claim.
The laws of Hong-Kong shall solely apply to the provisions of these Terms of Usage and their interpretation, and the place of arbitration and jurisdiction shall be that of the authorized court in Hong-Kong.
From time to time, these Terms of Usage may be applied with changes, updates, additions, deletions, at the absolute and sole discretion of the Owners, of which an announcement shall be advertised. If you are interested to continue and make use of this application, you shall be regarded as agreeing to the amended terms, unless they contradict the provisions of the law.
For any notice or message, please contact us at:
Our email: web@kunmingdiamonds.com
