Terms & Conditions

TERMS AND CONDITIONS APPLICABLE TO THE USE OF DE BEERS SIGHTHOLDER SUMMIT WEBSITE (THE “TERMS AND CONDITIONS”)

Any use by you, whether as a guest or a registered user, of the website https://www.sightholderssummit.com (the “Site”), which is operated by De Beers Global Sightholder Services (Proprietary) Limited (“GSS”) is conditional upon your acceptance of these Terms and Conditions. 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 to confirm 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 users 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 Policy (please see paragraph 9 below for additional information).

These Terms refer to the following additional terms, which also apply to your use of the site:
Our Privacy Policy and Cookie Policy, which sets out the terms on which we process any personal data we collect from you or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

Our Acceptable Use Policy, which sets out the permitted and prohibited uses of the Site. When using the Site, you must comply with this policy.

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 GSS. “De Beers Group” means any company directly or indirectly controlled by De Beers Plc (44 Esplanade, St Helier, Jersey JE4 9WG).

All references to ‘you’, ‘your’, or ‘the user’ within these Terms and Conditions are deemed to refer to the user of the Site.

Co3. Rights

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 GSS. All software belongs to GSS 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 GSS. Whilst GSS 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 GSS.

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 Policy (see paragraph 9) 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, GSS shall not be liable for any use made of that information or any resultant transactions, nor shall GSS 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 Policy, or use of the Site exceed, in the aggregate, £1,000 (GBP).

8.4. All materials, seminars, workshops and other courses provided by GSS are intended to reflect GSS’ 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 GSS and the provisions of paragraph 8.3 apply thereto, together with the remaining provisions of this paragraph 8.4.

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 GSS 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 GSS nor any member of the De Beers Group is responsible for any of your marketing or business initiatives or other activities and neither GSS 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 GSS nor any member of the De Beers Group shall have any liability to any party with whom you or GSS deals in connection with the Services and, if requested by GSS, you shall ensure that such parties provide a written acknowledgement (in a form acceptable to GSS) to that effect directly to GSS.

8.9. You shall indemnify, and keep indemnified, GSS 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 GSS 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 GSS 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, GSS 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 GSS against any liability arising as a result of your non-compliant use of the same.

9. Privacy Policy and Cookie Policy

We may collect personal information, including but not limited to, your full name, email address, name of the bank, location of the bank and email preference for email alerts for the purposes of registering you as a new Sightholder (such information referred to herein after as “User Information”).

Our information collection and use policies with respect to such User Information is set out in our Privacy Policy and Cookie Policy. For further information on how we handle your personal data, you can access the De Beers Group Privacy Notice which is available here.

You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.

Cookie List

A cookie is a small piece of data that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Necessary Cookies
These cookies are essential for the operation of the website.

Functional Cookies
These cookies allow us to perform non-essential functions such as personalised greetings and to understand how users interact with our website. We use third party cookies to help us do this.

Performance Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site.

All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.

Our Use of Cookies

10. Viruses, Hacking and Other Offences

10.1. 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.

10.2. 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.

11. Third Party Services

11.1. 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 GSS 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.

11.2. 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.

11.3. 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.

11.4. 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.

12. Linking to the Site

12.1. 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.

12.2. You must not establish a link from any website that is not owned by you.

12.3. 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.

12.4. If you wish to make any use of material on our Site other than that set out above, please address your request to [email protected]

13. 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.

14. Miscellaneous

14.1. These Terms and Conditions, including our Privacy Policy at paragraph 9, 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.

14.2. 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.

14.3. 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.

14.4. 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.

14.5. 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.

14.6. 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.

14.7. All disclaimers, indemnities and exclusions in these Terms and Conditions shall survive termination.

14.8. 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.

15. Law and Jurisdiction

These Terms and Conditions, including the Privacy Policy, 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.

16. 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.

17. Contact Information

De Beers Global Sightholder Sales (Pty) Limited is a company incorporated in the Republic of Botswana, with address at 3rd Floor, DTCB Building, Plot No 63016, Block 8, Airport Road, Gaborone, Botswana, and with registered number CO2008/5689.

Thank you for visiting the Site.