Terms & Conditions

 

These terms and conditions outline the rules and regulations for the use of Zen Diamond's Website. 

                 MedArt INC. (DBA Zen Diamond) is located at:

                 301 Route 17, Suite #800 Rutherford, NJ 07070, United States

               

By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use Zen Diamond's website if you do not accept all of the terms and conditions stated on this page. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same Cookies

We employ the use of cookies. By using Zen Diamond's website, you consent to the use of cookies in accordance with Zen Diamond's privacy policy. Most of the modern-day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

Zen Diamond Online Store makes no representation that materials in the site, including merchandise offered for sale on the site and their trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this site from locations outside of the US do so on their own initiative and are solely responsible for compliance with any and all applicable local laws. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise shall pass to the buyer upon delivery of the merchandise to the common carrier.

Material from Zen Diamond’s Online Store may not be copied, downloaded, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any purpose other than your own personal, non-commercial, home use is a violation of the copyrights and other property rights held by Zen Diamond’s Online Store or affiliates. The use of any such material on any other Web site or networked computer environment is prohibited.

The trademarks, logos and service marks (collectively the "Trademarks") which you see on this site are registered and unregistered trademarks of Zen Diamond Online Store, its affiliates and others. Nothing in this site grants to you any license or right to use any Trademark displayed on this site without the prior written permission of the owner of the Trademark. Your use or misuse of any Trademark displayed on this site, or of any other content on this site, is strictly prohibited.

When ordering merchandise from Zen Diamond Online Store as a gift for a loved one, we invite you to add a personal message for inclusion with the gift. However, in order to protect the Trademarks, Zen Diamond Online Store reserves the right and sole discretion to omit, edit and/or modify any and all content it deems inappropriate. Further, although Zen Diamond Online Store strives for perfection in rendering this service, it is not responsible for any liability, damage or expense resulting from any errors, modifications or omissions made in transcribing the personal message or delivering the gift card.

Zen Diamond Online Store welcomes your comments regarding our merchandise and services, including our Internet site. However, any personal gift messages, notes, comments, billboard postings, ideas, suggestions, or other material that you submit to Zen Diamond Online Store automatically becomes the property of Zen Diamond Online Store and affiliates, and they shall be entitled to use such property (in its original form or any modified or altered form) for any use or purpose that Zen Diamond Online Store or affiliates desire, including use in any promotion, advertising or media whether now known or hereafter devised. When you submit material to the Zen Diamond Online Store site, you agree that Zen Diamond Online Store and affiliates have the right to use and publish the material for any purpose as outlined above, without any compensation or attribution to you. As a result, we ask that you do not send us any original creative materials such as product ideas or original artwork.

You agree to indemnify Zen Diamond Online Store and affiliates and their respective officers, directors, employees, agents, distributors, vendors and other representatives from and against any and all third-party claims, demands, liabilities, costs or expenses (including reasonable attorneys’ fees) resulting from your breach of any of the Terms of Use.

Diamond carat weights (CT.) represent the approximate total weight (T.W.) of all diamonds in each setting unless noted. Diamond solitaire weights may vary between .01 and .05 carat. Diamond total weights may vary between .01 and .08 carat.

If a pricing error were to occur there was no attempt to unlawfully harm any customer. If an error is made, we will try to correct it as quickly as possible. According to common law advertising when an order is requested online it is not a binding agreement according to the court system. It is never our intent to advertise with incorrect pricing, unfortunately mistakes can and do happen.

Until an order is shipped a contract has not been entered into. If a pricing error occurred and Zen Diamond did not correct the error prior to the order shipping then the Zen Diamond Online Store would honor any pricing error.

Data about the activity of visitors to this site is automatically provided to Zen Diamond Online Store when you sign on. It is used by us for internal review in aggregate and non-personally-identifiable form. E-mail addresses and other personally identifying data about you is known to Zen Diamond Online Store only when voluntarily submitted or posted to us.

In addition, we sometimes use E-mail addresses and other personally identifying information to contact visitors who communicate with Zen Diamond Online Store. We also use the shipping addresses of our customers to send them our catalogs which we feel will be of interest to them. If at any point you no longer wish to receive communications from Zen Diamond Online Store, please forward such request to us at: [email protected].

License

Unless otherwise stated, Zen Diamond and/or it's licensors own the intellectual property rights for all material on Zen Diamond. All intellectual property rights are reserved. You may view and/or print pages from https://www.zendiamond.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

• Republish material from https://www.zendiamond.com
• Sell, rent or sub-license material from https://www.zendiamond.com
• Reproduce, duplicate or copy material from https://www.zendiamond.com 
• Redistribute content from Zen Diamond (unless content is specifically made for redistribution).

 

Hyperlinking to our Content

               

The following organizations may link to our Web site without prior written approval:

• Government agencies;
• Search engines;
• News organizations;

Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site. We may consider and approve in our sole discretion other link requests from the following types of organizations: commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union; dot.com community sites; associations or other groups representing charities, including charity giving sites, online directory distributors; internet portals; accounting, law and consulting firms whose primary clients are businesses; and educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to [email protected]. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

• By use of our corporate name; or
• By use of the uniform resource locator (Web address) being linked to; or
• By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.

No use of Zen Diamond's logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

               

• limit or exclude our or your liability for death or personal injury resulting from negligence;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

               

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or

in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Modification and Notice

You agree that Zen Diamond may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.

Termination

Notwithstanding any of these Terms and Conditions, Zen Diamond reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

Credit & Contact Information

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