1. Service description
Service descriptionWith the Websites, the PROVIDER provides the following services ("services"):
2 Use of Websites and Services
You acknowledge that we may, at our sole discretion and at any time, discontinue providing any part of the Websites or the services or modify or delete any content available through the Websites, at any time without notice. Use of the services and access to the Websites are void where prohibited.
By using the Websites and services, you represent and warrant that (a) any information you submit to us as part of using the services is truthful and accurate; (b) where possible you will maintain the accuracy of such information; (c) you are at least 18 years of age or, if higher, the age of majority in your jurisdiction; (d) your use of the Websites or services does not violate or promote the violation of any applicable law or regulation or any legal or contractual obligation you may have to a third party; and (e) your transfer of information/data is compliant with the EU General Data Protection Regulation (GDPR) which means in particular, that you expressly agree to the use of your submitted data entered into the PPB by third parties. With regard to the GDPR you further agree to act as data controller according to the GDPR concerning the data and information uploaded into the PPB. The PROVIDER may not be held liable for untrue, inaccurate or otherwise deficient data or information entered into the PPB.
With the use of the Websites and in particular with the PPB, you expressly agree to the fact that data and information that you have entered into the PPB cannot be completely deleted due to the technical characteristics of the blockchain technology. You acknowledge and take responsibility that this may violate data protection regulations.
4. Accessing the Websites and Account Security
We reserve the right to withdraw or amend the Websites, and any service or material we provide on or through the Websites, at our sole discretion without notice. We do not guarantee that our Websites or any content on it, will always be available or never be interrupted. The Websites or its services or parts of it may be hosted in a Cloud-Service by a third party. We may engage third parties for any technical services and intermediate software parts. We will not be liable if for any reason all or any part of the Websites or the services are unavailable at any time or for any period and no matter for what reasons. From time to time, we may restrict access to some parts of the Websites or services, or an entire Website, to users due to maintenance or any other reasons.
You are responsible for (a) making all arrangements and providing all information necessary to have access to the Websites and to use our services; and (b) ensuring that all persons who access the Websites trough your internet connection are aware of these Terms and comply with them.
You should use particular caution when entering personal information on to the Websites on a public or shared computer or mobile device so that others are not able to view or record your personal information.
5. Intellectual Property Rights
5.1. General provisions
The Websites and their entire content, feature and functionality (including but not limited to all information we provide, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the PROVIDER, its licensors or other providers of such material and are protected by laws with regard to copyright, trademark, patent, trade secret and other intellectual property or proprietary rights.
Additionally, you expressly agree that the data and information published or uploaded by you into the PPB may be used by third parties, in particular by other Suppliers who have been granted an account.
You are not allowed to (a) modify copies of any material from our Websites, and (b) delete or alter any copyright, trademark or other proprietary rights notices.
If you would like to make any use of material on the Websites other than that set out in this section, please address your request to firstname.lastname@example.org.
The term "Gübelin", the logos of Provenance Proof, Provenance Proof Blockchain, Gübelin Gem Lab and Gübelin are registered trademarks of the PROVIDER or the Gübelin AG. You must not use such trademarks without the prior written permission of the PROVIDER or the respective proprietors. Other names, logos, products and service names, designs and slogans on our Websites may be trademarks of other proprietors. The use of third party trademarks is subject to the laws and regulations the third party applies to.
Furthermore, you agree not to:
7. Reliance on Information
The information presented on the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance places on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
These Websites include content provided by third parties, including materials provided by other users or other third parties. All statements and/or opinions expressed in these materials and all other content, other than the content provided by the PROVIDER, is solely the opinion and responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
You are obliged to keep secret from third parties all information, documents and data that you become aware of in relation with gemstones as well as information, documents and data that you disclose within the use of the services such as the PPB and not to use them for purposes other than those necessary for the use of our services. In particular, it is not allowed to disclose information, documents and data on the ownership and possession conditions as well as on the gemmological features such as weight, colour or the degree of purity etc. of the gemstones to unauthorised third parties. Potential clients or Suppliers who might come into contact with the trade or the further processing of gemstones will not be considered as third parties.
The unauthorised disclosure of confidential information, documents or data entitles the PROVIDER to prohibit you from using our services and to suspend or delete your account.
9. Changes to the Websites or services
We may update the content on the Websites or amend certain features of our services from time to time. The content on the Websites and services is not necessarily complete or up-to-date. Any of the material may be out of date at any given time and we are under no obligation to update such material.
With regard to the information about specific gemstones, we are subject to the features of the blockchain, more specifically the distributed ledger technology, as well. This means that the PROVIDER or any of its affiliates may take up the function of a supplier as well. Information which is entered in a validated part of the PPB cannot be amended by us.
10. Links from Websites
If the Websites or the content of its Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We reserve the right to withdraw linking permissions without notice.
11. Geographic restrictions
The PROVIDER is based in Switzerland. We do not guarantee that the Websites or its services are accessible outside Switzerland. Access to the Websites and/or the use of its services may not be legal by certain persons or in certain jurisdictions. If you access the Websites or use our services from outside Switzerland, you are responsible for compliance with the respective laws and regulations.
12. Disclaimer of warranties
YOUR USE OF THE WEBSITE AND ITS SERVICES IS AT YOUR OWN RISK. THE WEBSITES AND ITS SERVICES ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE PROVIDER NOR ANY PERSON ASSOCIATED WITH THE PROVIDER MAKES ANY WARRANTY REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES AND ITS SERVICES. FURTHERMORE, NEITHER THE PROVIDER NOR ANY PERSON ASSOCIATED WITH THE PROVIDER WARRANTS THAT THE WEBSITES OR ITS SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ITS SERVICES WILL OTHERWISE MEET YOUR NEEDS AND EXPECTATIONS. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR ANY OTHER TECHNOLOGICALLY HARMFUL MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ITS SERVICES OR TO YOUR DOWNLOADING OR UPLOADING OF ANY MATERIAL.
THE PROVIDER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE FULL EXTENT, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW.
13. Limitation on liability and indemnification
IN NO EVENT WILL THE PROVIDER, ITS AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY OF USE, OF THE WEBSITES OR ITS SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING CLAUSE DOES NOT APPLY TO ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW.
You agree to defend, indemnify and hold harmless THE PROVIDER, its affiliates, services providers, employees, agents, directors, contractors, licensors, suppliers against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Websites or its services other than expressly authorised in these Terms.
14. Governing law and jurisdiction
No provision of these Terms may be waived or changed except by a writing signed by the party against whom such waiver is sought to be enforced.
Any notices that we may be required to provide to you, whether under law or according to these Terms, may be provided by THE PROVIDER or any of its affiliates to any contact information you have provided in your account information, including through email. You expressly agree to the receipt of such communications and notices in such manner.
We may at any time, without prior notice, assign any and all of our rights under these Terms to any other entity. You may not assign any rights hereunder without our prior written consent.