Terms and Conditions
These Terms and Conditions apply to the Coloured Gemstones Working Group (“GCWG”) website located at https://www.gemstones-and-jewellery.com (the “Website”). Unless the context otherwise requires, references to the Website shall include the Self-Assessment Questionnaire, as defined in section 4 below. The Website is wholly owned and operated by Assheton Carter Limited (Company Registration Number 08825320), trading as TDi Sustainability, whose registered office is at C/O Bishop Fleming LLP, 10 North Place, Cheltenham, United Kingdom, GL50 4DW (“we”, “us”, “our”). We can be contacted about these Terms and Conditions at [email protected].
1. By using the Website, you accept these Terms and Conditions
By using the Website, you accept these Terms and Conditions and agree to comply with them. If you do not agree to these Terms and Conditions, you must not access the Website.
2. We may make changes to these Terms and Conditions
We may update or replace these Terms and Conditions from time to time. Every time you wish to use the Website, please check these Terms and Conditions to ensure that you understand the terms that apply at that time. We may transfer our rights and obligations under these Terms and Conditions to another organisation (e.g. if we are acquired by another company).
3. Website availability and changes
We do not guarantee that the Website, or any content within it, will always be available, uninterrupted or accurate. We may at any time suspend or withdraw or restrict the availability of all or any part of the Website for business, operational or other reasons.
4. Self-Assessment Questionnaire
4.1 As part of the Coloured Gemstone Working Group initiative, we make available on the Website a Self-Assessment Questionnaire (“SAQ”) to suppliers within the gemstone supply chain. References to the SAQ in these Terms and Conditions include the results generated upon completion of the SAQ. The SAQ aims to measure current supply chain practices in an effort to support enhanced responsible sourcing practices within the gemstone supply chain.
4.2 Users receive unique token-based links to access saved progress (when completing the SAQ) and results generated. These token-based links provide access to the SAQ without requiring user account registration or login. Anyone with a token-based link can access the progress made in completing the SAQ or results and it is therefore the responsibility of the user to keep this information secure. We do not share the data you provide within the SAQ or the results with any CGWG member or other party. Only you may use the results as a tool in your responsible sourcing practices. Accordingly, you may share the results of your SAQ with other suppliers.
4.3 The results of the SAQ are provided “as is” and depend on the accuracy of the information provided for which we shall not be liable.
5. Unacceptable use
You must not (a) publish, distribute, share or disseminate information on the Website or SAQ that is misleading, false, inaccurate, defamatory or otherwise unlawful; (b) misuse the SAQ or Website or attempt to gain unauthorised access to any part of it; (c) share the Website content outside the Website, unless permitted; (d) use the Website to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy) of others; (e) grant access to, license, permit or otherwise charge third parties to use the Website or SAQ and you agree to credit TDI Sustainability and the CGWG in case of public communication about the Website; (f) use the Website or SAQ to infringe any third party's intellectual property rights or rights of publicity or privacy; (g) allow any other person to use, the network and systems supporting the Website for any activities of an illegal or fraudulent nature, including any activities prohibited under local, national and international law; (h) upload, post, create on the Website or share content containing any advertising or promotion of any goods or services.
6. Data Mining or Scraping
You shall not use nor conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Website or any services provided via, or in relation to, the Website for any purpose, including the development, training, fine-tuning or validation of AI systems or models. The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790). This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
7. Website links
Where the Website or SAQ contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
8. You must not introduce viruses
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with the Website or any part of it. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website or any other equipment or network connected with the Website. You must not interfere with, damage or disrupt any software used in the provision of the Website or any equipment or network or software owned or used by any third party on which the Website relies in any way. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. 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 Website will cease immediately. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and Website to access our site. You should use your own virus protection software.
9. Data Use and Access
We do not use your data (data entered by you that identifies you or your organisation) in order to generate revenue. We do not provide access to your data to third parties other than law enforcement agencies or otherwise as required by a court of competent jurisdiction.
10. Data Ownership
At all times, your organisation’s data provided on the SAQ remains the property of your organisation. By agreeing to these Terms and Conditions and uploading or inputting content on the SAQ you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, use or display the data and to produce results of the SAQ. We reserve the right to analyse Website activity and publish anonymised results data for statistical purposes. All factual information presented and underlying tools hosted on this Website are accurate to the best of our knowledge.
11. Liability
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Our Website and SAQ are provided “as is” and “as available” without warranties of any kind. To the fullest extent permitted by applicable law, we exclude all implied conditions, warranties, representations or other terms that may apply to the SAQ (including but not limited to any results produced), the Website or any content on it and uploaded to it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, direct or indirect arising under or in connection with: (1) use of, or inability to use, the Website or the SAQ; or (2) use of or reliance on any content displayed on the Website or produced by the SAQ. In particular, we will not be liable for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of data or content; (e) loss of business opportunity, goodwill or reputation; (f) any indirect or consequential loss or damage. You shall defend, indemnify, and hold harmless us and our subsidiaries and other affiliated companies, and our employees, contractors, officers, and directors from all liabilities, claims, and expenses, including legal fees, which arise from your use or misuse of this Website.
12. Website maintenance and faults
12.1 Our goal is to provide a fault-free service, although we cannot guarantee this. We will endeavour to conduct all scheduled maintenance outside of regular business hours. However, we may be required to suspend supply of the service access to all or part of the Website during business hours in order to carry out emergency repairs on our systems. You may report service faults by email to [email protected].
12.2 The support team will use reasonable efforts to identify and resolve the fault. If the issue cannot be resolved by the support team, the procedure to escalate the ticket to a technical expert for further investigation will be implemented. When an issue has been resolved or closed you will receive an email notifying you.
13. Personal Data
To the extent that personal data is processed in relation to the Website, we shall process your personal data in accordance with our privacy policy.
14. Law and jurisdiction
These Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.