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Welcome to www.ministryofdiamond.com, (MOD). Subject to the terms and conditions of this Agreement, MOD hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicity permitted by MOD in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by MOD in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by MOD in advance. MOD reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if MOD believes that customer conduct violates applicable law or is harmful to MOD’s interests.

You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Malaysia or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. MOD may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and MOD has no obligation to investigate the authorization or source of any such access or use of the Site.

You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify MOD of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security. After registering, you will receive our newsletters with information about sales, coupons, and special promotions. You can unsubscribe by using the link from any email newsletter or your personal subscribe setting after logged in. Default Subscription for Newsletter for Registered Users.

MOD User Account

You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. MOD assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify the Sponsor against any losses caused due to the use of the entries for any purposes.

Reviews and Comments

Except as otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to the site and/or provide MOD, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to MOD without charge and MOD shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of MOD and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by MOD in the future.

You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. MOD assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify the Sponsor against any losses caused due to the use of the entries for any purposes.

In addition to the rights applicable to any Submission, when you post comments or reviews to the site, you also grant MOD the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this site and that use of your reviews, comments, or other Content by MOD will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead MOD or third parties as to the origin of any Submissions or Content. MOD may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.

Order Cancellation

Please kindly note that only orders that are in the paid or processing status may be cancelled. All other orders cannot be changed. We apologize for this inconvenience.

Shipments

At MOD all shipments are are delivered duty unpaid. Consequently, any and all customs or import duties are charged once the parcel reaches its destination country. If any, these charges must be paid by the customers. Should the customers refuse the package due to import duties or taxes, they take full liability for all the cost involved in the process. Due to customs regulations, please note that MOD cannot to declare purchased items as a gift or list an amount lower than the actual product price.

Orders for diamonds solely will be shipped our within 5 – 14 working days. For any other orders which includes setting and other services, shipment will take place within 7 – 30 working days. This varies, depending on the setting and materials chosen. Should the order take longer, you will be informed within 3 working days after your order has been placed. Should you have any enquiries regarding shipping policies, please contact us at hello@ministryofdiamond.com.

Customer Code of Conduct Policy

At MOD customer satisfaction is our top priority.We strive to solve all customers problems in a professional and amicable way. However, we will not tolerate any unacceptable or unreasonable behavior towards our Customer Service Team members.

Unacceptable behavior directed towards Customer Service staff or MOD may, for example, include any of the following:

• Aggressive, abusive and threatening behavior. Examples include: any and all direct or implied threats on any communication channel; intimidating language; personal and verbal abuse; sexist, racist, homophobic, or derogatory remarks; rudeness; inflammatory statements; swearing; and unsubstantiated allegations.
• Persistently making habitually demanding or vexatious complaints, despite the matter having been fully addressed; similarly, repeating complaints persisting despite reasonable and fair solutions being offered in accordance with our policies.
• Asking, expecting or demanding staff to breach established company policy guidelines, e.g. refund amount, time-frame, special compensation, etc.; similarly, seeking an unrealistic outcome beyond the scope of our own policies and procedures. By default, the refund amount cannot exceed the original order amount paid to MOD.
• Repeatedly changing the nature (or focus) of a complaint or the desired outcome, part way, after a formal response has been provided.
• Excessive number of complaints compared to the total purchase value history.

For such behavior, complainants may be advised and formally notified of the following:

• Their language is considered offensive, abusive, threatening, and wholly unacceptable.
• They must refrain from using such language, intimidation, and threats.
• There will be no further exchange of correspondence on the matter if they persist with this behavior.
• MOD reserves the right to no longer accept orders from the customer in the future without further notice.

Copyright

All text, graphics, photographs or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on the website of MOD (collectively, “Content”), belongs exclusively to MOD or its appropriate content suppliers. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content or otherwise dispose of any of the Content in a way not permitted by MOD, without MOD’s express prior written consent. The use of data mining, robots, or similar data gathering and extraction tools on MOD as well as the use of MOD trademarks or service marks in meta-tags is strictly prohibited. You may view and use the Content only for your personal information and for shopping and ordering on the site and for no other purpose. The collection, arrangement, and assembly of all content on this site (the “Compilation”) belong exclusively to MOD. You may not use MOD’s Content or Compilation in any manner that disparages or discredits MOD or in any way that is likely to cause confusion or violation of any applicable laws or regulations. All software used on this Site (the “Software”) is the property of MOD and/or its Software suppliers. The Content, the Compilation and the Software are all protected under state, national and international copyright laws. All rights not expressly granted are reserved by MOD. Violators will be prosecuted to the full extent of the law.

Intellectual Property Infringement Policy

It is the policy of MOD to take appropriate action where necessary to uphold and recognize all relevant State, Federal and International laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws. If you are an intellectual property rights owner and you believe that MOD sells, offers for sale, or makes available goods and/or services that infringe your intellectual property rights, then send the following information in its entirety to hello@ministryofdiamond.com.

Information required

1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
2. A description of the allegedly infringing work or material;
3. A description of where the allegedly infringing material is located on the site (product(s) URL);
4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
6. Identification of the intellectual property rights that you claim are infringed by the Website(e.g. “XYZ copyright”, “ABC trademark, Reg. No. 123456, registered 1/1/04”,etc);
7. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.

Termination and Effect of Termination

In addition to any other legal or equitable remedies, MOD may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the site and MOD shall, in addition to any other legal or equitable remedies, immediately revoke all password(s), and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

Disclaimer and Limitation of Liability

Except as otherwise provided in the standard terms of sale that govern the same of each product on this site, this site, the products offered for sale on it and the transactions conducted through it are provided by MOD on an “as is” basis. MOD makes no presentations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site except as provided here to the full extent permissible by applicable law, MOD disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy, and system integration. This site may include inaccuracies, mistakes or typographical errors. MOD does not warrant that the content will be uniterrupted or error free. To the maximum extent permitted by law, MOD will not be liable for any damages of any kind arising from the use of this site, including, but not limited to,indirect incidental, punitive, exemplary, special, or consequential damages. To the maximum extent permitted by applicable law, MOD’s total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to MOD during the month immediately preceding the act allegedly giving rise to MOD’s liability.

MOD and/or the seller will act according with the warranty as shown on the platform when and only when damage is in connection with the product and has valid and confirmed manufacturing defects. MOD and/or the seller will not be held liable or reponsible for any damages resulting from customers improper use, personal negligence, and/or other reasons that do not attribute to product defects.

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. MOD reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

MOD is not responsible for late deliveries for special occasions, such as birthdays, or other events. We encourage customers to place their order in advance to ensure there is enough time to receive their item.

All orders reported as “delivered” by shipping companies are considered delivered. MOD cannot be made liable of non-delivery in this case.

Bugs

While MOD works hard to ensure a correct working of the website in order to provide to customers the best shopping experience, there might be occasions in which bugs may affect the system. Customers cannot obtain any benefits from such bugs, which are considered unfair to any and all effects, and customers will have to immediately give them up.

User Account

For safety and security, each customer is allowed to create only one registered account by default. For customers who attempt to create several accounts, MOD reserves the right to suspend accounts without further notice.

Both parties agree that, following order dispatch, transportation is the sole responsibility of the third-party logistics company. During this stage, full ownership of the product(s) belongs to the buyer; all associated liability and risks during transportation shall be borne by the buyer.

In accordance with Customs regulations customers must provide valid and accurate data . All consignee names, address and payers name should be valid. Certain countries request that the consignee submit their ID or passport to clear the package or for payment verification purposes. It is the customers sole responsible for the accuracy of data that they provide to us. Should any information be incorrect and prevent any shipment or deliveries or customs clearance, we will not held responsible and will not offer any compensation in such cases.

MOD will always comply with the law, and we kindly remind users to do the same. As the importer customers are responsible to comply with all laws and regulations in their own countries. Please refer to our privacy policy for more information.

Typographical Errors

While MOD strives to provide accurate product and pricing information, pricing or typographical errors may occur. MOD cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, MOD shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, MOD may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

Pricing in Different Currencies

Pricing of products sold by MOD is based upon figures calculated in Malaysia Riggit (MYR). Prices displayed in other currencies are converted from Malaysia Ringgit according to the most up to date conversion rates. Due to fluctuating currency values, prices displayed in non-Malaysia denominations of currency on the Site, other than on the individual product page, may not be the most current. Areas of the Site where non-Malaysia denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages. The price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to Malaysia, excluding shipping.

MOD has no knowledge of, and is not responsible for, any additional bank charges or exchange rate fees that are charge by the issuing bank or a third party payment provider. These fees are solely the customers responsibility and will not be reimbursed by MOD.

Applicable Law

These conditions are governed by and construed exclusively under law without regard to conflicts of laws principles.

Remedies

You agree that MOD’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that MOD shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that MOD may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.

No right or remedy of MOD shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys’ fees and expenses.

No instance of waiver by MOD of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

Links

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that MOD is not responsible for the operation of or content located on or through any such site.