Definitions

"Jewellery" means the jewellery that is predesigned or jewellery sets with diamonds that are available for sale on our website. Please note that all Jewellery is sold "as is" and do not allow the Members to make any changes on them.

"Mounts" are defined as designs which may or may not have diamonds that hold a gemstone / gemstones in place. Members can select Mounts and diamonds separately to create customized Jewellery.

"Loose Diamonds" are individual diamonds that can be bought without being set on Mounts

This Website provides access to trading, pricing, news and other information services related to diamonds, precious gems and jewellery. Certain Services available on this Website are for the use of Members only.

Please note that some of the terms under these Terms of Use differ for purchases for personal consumption and investment purchases.

This Website offers services for Members who wish to purchase diamonds for personal consumption and is inclusive of both, customized and readymade Jewellery.
The Website also offers services to sell diamonds for investment. The Website displays diamonds and stones that are specifically recommended for the purpose of investment. The Website will also feature the recommendations of a trained diamond consultant, circulate a list of investment grade diamonds and recommend good buys.

All Users will be required to register on the Website and become Members prior to the completion of any transaction / purchase on the Website.

To register onto the Website the User will have to provide Personal Information (as defined in the Privacy Policy) and choose a user name and password.
 
Registration is only a one time process and if the Member has previously registered, he shall login / sign into his / her account.

If you are interested in receiving information on investment grade diamonds, you will have to agree to receive such information by signing a form whereby you also agree not to share any of the information provided with any other third parties. You will be required to provide us with your name and other details, including but not limited to, e-mail, contact number, contact address and customer verification question (example: your mother's maiden name), which will be used for verification purposes.
On signing up to receive information on investment grade diamonds, you will receive a welcome kit containing the following information:

a) Product dossier / brochure containing basic information and details about the investment grade diamonds;

b) Diamond helpline number to call the Company;

c) A tele-confirmation / transaction PIN ("TPIN");

d) Order placement information and form; and

e) Information regarding the diamond delivery process and resale of diamonds.

Retail Purchase

Any Member who wishes to purchase an item from the Website can either:

a) add the selected diamond(s) directly to the shopping cart; or

b) customize the jewellery by adding the diamond(s) to a ring, pendant, earring or any other type of jewellery that is expressly stated as customizable on the Website and then add it to the shopping cart; or

c) choose from the selection of Jewellery available on the Website and add it to the shopping cart; or

d) call our call center at 1-800-102-0103 and places the order. The Member will receive the form for ordering via email/ fax/ courier based on the Member's convenience.

Only registered Members can make purchases online. In the event of a User wishing to make the purchase, the User will be required to register with the Company after adding the item to the shopping cart. The Members shall also provide any other mandatory information required under law (like Personal Account Number (PAN)) at the time of purchase.

All orders are considered complete only after the payment has been received by the Company.

To confirm the orders the Company may at random, call up the Members who have placed orders through the Website and ask the Member a verification question. The Company will confirm the order only after the verification question is answered by the Member.

Once the purchase of the item(s) is confirmed by the Member, the Company shall:

a)      In the case of Loose Diamond or custom jewellery - order for the diamond(s), set it on the Mount and deliver it to the Member; or

b)      In the case of Jewellery - order for the manufacture of the Jewellery and deliver it to the Member.

Investment Purchase

On finding a diamond of choice to invest in, the Member shall fill in the order form and send it to the Company. The Member shall also provide the TPIN. The Company team, on validating the order and the TPIN, will check the availability of the diamond and only then ask the Member to make payment.

The Company may not own any of the diamonds and other products listed on the Website. In such cases, the Company only orders the products listed on the Website from third party traders and merchants after the confirmation of the order by the Member and delivers the same to the Member. In such a scenario, there is a possibility that the item ordered by the Member might have been traded since the listing on the Website and might not be available at that point of time.

Diamond prices vary from one category of diamonds to another and seller to seller where numerous factors like reputation of the sellers, brand value, design of the Jewellery etc. have an impact on the price of the diamond. The demand and supply of diamonds in the market can also affect the price of the diamonds. The prices stated on the Website may be substantially higher or lower than the actual prices in the retail markets.

All pricing information available on the Website must be used as a general guideline for diamond prices. While this Website is designed to provide most accurate diamond pricing information, the information about the diamonds does not provide an appraisal or guarantee of value, nor does it give suggestions or recommendation of any sort for buying or selling diamonds. All grading and pricing are subjective methods of analysis and no guarantee is made or liability assumed as to the accuracy or validity of the information provided by the Service or the expertise of those providing information via the Service.

Infrequently, data may be inaccurately displayed on the Website due to system errors. The Company reserves the right to correct any and all errors when they do occur and the Company does not honor inaccurate or erroneous prices. The prices on the Website are also subject to change without notice. For any order the price is the prevailing price on the day the order is completed.

The Company offers multiple payment options to Members on the Website:

b)     Offline Payment: Members can complete the order online and then make payments to the Company through an offline payment mechanism. All Members making offline payment have to contact the Company at 1800-1020103 and confirm his / her payment modalities. Please note that the Company currently accepts cheques and demand drafts only. For phone orders the cheque or demand draft has to be received within seven (7) days.

The Company will order the diamond only after receiving the money into their account. In the event the diamond becomes unavailable after the payment is made and the Member does not select an alternate diamond, the money shall be refunded to the Member.

Advance / Part Payment

Any refunds due by the Company to the Member for non-availability of diamonds or for selection of alternate diamonds shall be made in the following manners:

a)     Credit card: The credit card account of the Member will be re-credited with the refund amount by the Company. The refund amount will be credited to the Member's account within the time span stipulated by the bank which has issued the credit card; or

b)     Cheque or wire transfer: The refund amount shall be deposited into the bank account of the Member by the Company within seven (7) business days after the receipt of request for refund by the Company; or

ANY ADVANCE AMOUNT PAID BY THE MEMBER AT THE TIME OF PLACING THE ORDER SHALL NOT BE REFUNDED BY THE COMPANY TO THE MEMBER IN THE EVENT OF CANCELLATION OF THE ORDER FOR ANY REASON WHATSOEVER.

The Member has to specify the address and details of the person who will collect the shipment at the time of purchase. At the time of placing the order, the Member has to state full name of the recipient as stated in his / her government approved photo identification. At the point of delivery the recipient, to collect the physical product, will have to provide any one of the following government approved photo identification card:

a)      Ration Card ( should be issued in the name of the Member / recipient in the case of a gift);

b)     Drivers License;

c)     Permanent Account Number (PAN) card;

d)     Voters Identification card; or

e)     Passport.

Delivery shall be made by the courier agent only after the photo and name of the recipient is verified and confirmed by such courier agent. To ensure safe and secure delivery of the package the courier agent will also note down the details of the government photo identification. The recipient of the package must cooperate with the courier agent by providing required and valid copies of his / her government approved photo identification.

In case the Member wants any other person to receive the delivery on his behalf he / she needs to specify details of the same at the point of ordering only. All items shall be delivered directly to the person as specified at the point of ordering and the Member cannot (under no circumstances whatsoever) change the recipient details after the order is processed.

After creating an order, the Member can change the shipping address only till the point when the product is actually shipped. In the event the Member wishes to change the shipping address, he / she has to log-in to his / her account and click on the "change shipping address" button next to the shipping address and change the address. This "change shipping address" icon will be active only till the order status changes to "shipped". Once the order status changes "to shipped" the "change shipping address" link will become inactive.

All diamond purchased on the Website for investment purposes will be shipped to the Member only after being recertified in a laboratory in India wherein the laboratory would confirm that the diamond and the certificate match, and pack the diamond in a tamper proof pack.

All shipping charges and other local charges shall be borne by the Member. Recipient accepting delivery should not accept deliveries where the box or packaging has been tampered with or if the box is empty.

The recipients receiving the delivery must open the package and check its contents prior to accepting the delivery or signing the delivery receipt.

If the recipient is not available at the time of delivery, the courier company shall try and deliver the item thrice before returning the same to Company. All costs for re-shipment and handling in the case of non-delivery to the Member shall be chargeable to the Member.

Recipient will have to provide a government approved photo identification card (like passport, drivers licence, election card etc.) to collect the physical product.

As it is a mandatory courier regulation, the price of the gift will be mentioned in the external cover. In the event the Member wishes to have a copy of the invoice, he / she can request the Company to ship an additional copy of the invoice to be shipped to the required address at the time of placing the order.

Jewellery and Mounts

Jewellery and Mounts purchased from the Website can be returned only by calling the call center at 1800 102 0103 within seven (7) days from delivery of the item(s), subject to conditions detailed hereafter. [NDR Comment: This is a repetition of the previous sentence] .

In the event the Member has purchased a wrong ring size, the Company will resize the ring free of cost. Mounts can be replaced up to fifteen (15) days from the date of delivery. Members should make a re-sizing request within seven (7) days of delivery. If the new Mount costs more than the existing Mount, the incremental costs shall be charged to the Member.

All courier and shipping costs incurred by the Company for returns shall be borne by the Member.

Conditions for return

a)      All items must have the original security tag, label and certificate and must be returned in the same conditions as delivered by the Company.

b)     Any item returned showing signs of wear or engraved, altered, resized (by anyone / entity other than the Company) or damaged in any other manner shall not be accepted for return.

c)     Custom orders with engraving, special ring size etc. cannot be accepted for return, refund or exchange.

d)     All shipping and handling expenses shall be chargeable to the Member.

e)     All requests for return of product have to be placed within seven (7) days from the date of delivery. No return requests after seven (7) days from delivery will be processed.

f)     Once the return is confirmed at the call center, the Company will send a packaging cover, which has to be used to return the product. The item has to be packed in front of the courier agent.

Solitaire and Loose Diamonds

Jewellery and Mounts

There is no buy back option for any Jewellery and Mounts purchased through the Website. However, Jewellery or Mounts purchased from the Website can be exchanged for eighty (80) per cent of the value listed on the Website, on the date of such an exchange. In case the value of the Jewellery or Mounts is not available on the Website, the exchange will be based on the return value determined by the Company.

Products suspected to be tampered with will not be exchanged. All decisions of the Company shall be final and binding.

Loose Diamonds / Custom Diamond Jewellery

Only Loose Diamonds sold by the Company shall have the buy-back provision. All buy-backs shall be in the form of exchange and not for cash.

Members who wish to sell their Loose Diamond(s) directly to the Company have to send it to the Company. The Company will assess the value of the Loose Diamond and if the offer is acceptable to the Member, the Member shall receive the full value of the Loose Diamond in cash or exchange. If the offer made by the Company is not acceptable to the Member, the Loose Diamond shall be returned to the Member within ten (10) days from the notice of refusal to sell by the Member.

The Members can also opt to re-sell Loose Diamond by allowing the Company to list the Loose Diamond(s) on the Website as well as any other portals for an open market re-sale. The Company shall not guarantee any timeline within which the re-sale is to happen. In the event the Loose Diamond is re-sold, the Company shall charge a minimal fee to the Member. The details of the fee will be mentioned to the Member before the Company accepts the Loose Diamond for listing.

In case the certificate has been misplaced, Company will have to get the Loose Diamond recertified before being put up for sale. Cost of recertification will have to be borne by the Member.

Investment Diamonds

If a Member is interested in putting up a Loose Diamond for sale on the Website or in other trade portals and / or any other auction site, the Company shall, for a fee, assist the Member on setting a reserve price for reselling the Loose Diamond.

All Loose Diamonds offered for sale under this provision must be in the same tamper proof pack that was sent by the Company and must be accompanied by valid certificates. In the event the seller has unpacked the Loose Diamonds or does not possess valid certificates, the Company shall arrange for re-certification of such Loose Diamonds. Cost of recertification if any should be borne by the Member.

Diamonds

All Loose Diamonds (both investment and retail) and diamonds that are set in Jewellery will be accompanied by individual certificates. The certificate will be from a third party laboratory and the details of the certificate will be mentioned at the time of purchase.

Jewellery / Mounts

a)      The Company has the right to refuse the usage of any promo code at any point of time. Promo codes which have expired cannot be used on the Website.

b)      The Company can at any time ask the Member for the proof of having received the promo code.

c)     Promo codes can be used only on specific orders as deemed fit by the Company.

d)     Promo codes, at the Company's discretion are applicable on certain items, on specific orders, or on specific dates and occasions.

e)      Promo codes cannot be clubbed with any other special offer running on the site.

f)      For offline payment mode the promo code will be accepted only within the date of expiry of the promo code.

1.   BY USING THIS WEBSITE YOU REPRESENT AND WARRANT THAT:

a)   You are 18 years of age or older and that your use of the Website and / or Services shall not violate any applicable law or regulation.

b).   All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.

c)   Your membership is solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.

d)   Your personal and non-commercial use of this Website shall be subjected to the following restriction (i) you may not modify any content of the Website, including but not limited to, any public display, description, performance, sale, rental, pricing of the product; (ii) you may not decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.

e)   You will not (a) use any product or service available on the Website and / Services for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Website and / or Services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company's sole discretion. In the event you want to advertise your product contact 1800-1020103.

f)   You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website and / or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website and / or Services.

g)   You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," "phishing" and "griefing" as those terms are commonly understood and used on the Internet.

h)   You will not delete or modify any content of the Website and / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

i)   The Company cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of this Terms of Use, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

j)   All information, content and material contained in the Website and / or Services are the Company's copyrighted property. All trademarks, services marks, trade names, and trade dress are proprietary to the Company. No information, content or material from the Website and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the Company's express written permission.

k)   You acknowledge that when you access a link that leaves the Website, the site you will enter into is not controlled by the Company and different terms of use and privacy policy may apply. By accessing links to other sites, you acknowledge that the Company is not responsible for those sites. The Company reserves the right to disable links from third-party sites to the Website, although the Company is under no obligation to do so.

2.   YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a)   THE INFORMATION, CONTENT AND MATERIALS ON THIS WEBSITE AND / OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ALL ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES ON MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b)   THE COMPANY MAKES ALL REASONABLE EFFORTS TO DISPLAY THE PRODUCTS LISTED FOR SALE ON ITS WEB SITE(S) AS ACCURATELY AS POSSIBLE. HOWEVER THE COMPANY CANNOT GUARANTEE THAT YOUR MONITOR'S DISPLAY OF ANY PRODUCT COLOR, TEXTURE OR DETAIL WILL BE ACCURATE. THE COMPANY DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER CONTENT ARE ACCURATE, COMPLETE, RELIABLE CURRENT OR ERROR FREE. WHILE THE COMPANY MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS ARE DESCRIBED AND PRICED ACCURATELY, IN THE EVENT THAT AN ITEM IS DEEMED TO BE PRICED INCORRECTLY, THE COMPANY RESERVES THE RIGHT TO REFUSE THE SALE OF THAT ITEM.

c)    THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN CONTENT, INFORMATION AND MATERIALS ON THE WEBSITE AND / OR SERVICES, INCLUDING, WITHOUT LIMITATION ANY THIRD PARTY SITES OR SERVICES LINKED TO THE WEBSITE AND / OR SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, THAT THE DEFECTS WILL BE RECTIFIED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT, INFORMATION AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

d)   ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE AND / OR SERVICES ARE ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD TO YOUR COMPUTER SYSTEM.

3.   YOU HEREBY INDEMNIFY, DEFEND, AND HOLD THE COMPANY, THE COMPANY'S DISTRIBUTORS, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS, AND EACH OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS, AND ALL OF THE FOREGOING ENTITIES' RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES AND COSTS ARISING FROM YOUR USE OF THE WEBSITE.

4.   YOU EXPRESSLY UNDERSTAND THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO: (i) THE USE OR THE INABILITY TO USE THE WEBSITE AND / OR SERVICES; OR (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE AND / OR SERVICES OR (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE AND / OR SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE AND / OR SERVICES.

5.   THE COMPANY OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE RELIEVED OF ALL ITS RESPONSIBILITIES, IF ANY, IN THE EVENT OF FAILURE OF PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND THE COMPANY'S REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOUR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, NATURAL DISASTERS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF THE COMPANY OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND / OR SERVICES AND ANY OTHER WEBSITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE WEBSITE IN AN ACCURATE OR TIMELY MANNER.

6.   SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.

7.   EACH PARAGRAPH, CLAUSE, SUB-CLAUSE AND PROVISION OF THIS TERMS OF USE SHALL BE SEVERABLE FROM EACH OTHER AND IF FOR ANY REASON ANY PARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION IS INVALID OR UNENFORCEABLE, SUCH INVALIDITY OR ENFORCEABILITY SHALL NOT PREJUDICE OR IN ANY WAY AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION, WHICH SHALL BE READ AND CONSTRUED SO AS TO GIVE THERETO, THE FULL EFFECT THEREOF, SUBJECT ONLY TO ANY CONTRARY PROVISION OF THE LAW TO THE EFFECT THAT WHERE THIS PROVISION OF THIS TERMS OF USE OR ANY PARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION HEREOF WOULD BE BUT FOR THE PROVISIONS OF THIS PARAGRAPH READ AND CONSTRUED AS BEING VOID OR INEFFECTIVE IT SHALL NEVERTHELESS BE A VALID TERMS OF USE, PARAGRAPH, CLAUSE, SUB-CLAUSE OR PROVISION, AS THE CASE MAY BE, TO THE FULL EXTENT TO WHICH IT IS NOT CONTRARY TO ANY PROVISION OF THE LAW.

8.     THOSE WHO ACCESS THE WEBSITE AND / OR SERVICES DO SO, ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS INCLUDING, BUT NOT LIMITED TO, ANY APPLICABLE LOCAL LAWS. THIS TERMS OF USE IS GOVERNED BY THE LAWS OF INDIA. ANY ACTION, SUIT, OR OTHER LEGAL PROCEEDING, WHICH IS COMMENCED TO RESOLVE ANY MATTER ARISING UNDER OR RELATING TO THIS LETTER, SHALL BE SUBJECT TO THE JURISDICTION OF THE COURTS AT CHENNAI.

9.     IN THE EVENT OF BREACH OF THE TERMS AND CONDITIONS OF THIS TERMS OF USE BY THE USER, THE USER SHALL BE PROMPTLY LIABLE TO INDEMNIFY THE COMPANY FOR ALL THE COSTS, LOSSES AND DAMAGES CAUSED TO THE COMPANY AS A RESULT OF SUCH A BREACH. FURTHER IN THE EVENT OF YOUR BREACH OF THIS TERMS OF USE, YOU AGREE THAT THE COMPANY WILL BE IRREPARABLY HARMED AND WILL NOT HAVE AN ADEQUATE REMEDY IN MONEY OR DAMAGES. THE COMPANY THEREFORE, SHALL BE ENTITLED IN SUCH EVENT TO OBTAIN AN INJUNCTION AGAINST SUCH A BREACH FROM ANY COURT OF COMPETENT JURISDICTION IMMEDIATELY UPON REQUEST. THE COMPANY'S RIGHT TO OBTAIN SUCH RELIEF SHALL NOT LIMIT ITS RIGHT TO OBTAIN OTHER REMEDIES.

10.     ANY FAILURE OF THE COMPANY TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THIS TERMS OF USE SHALL NOT OPERATE AS A WAIVER OF SUCH RIGHT OR PROVISION.