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, you agree to be bound by these Terms and Conditions in full. If you do not agree with any part of these Terms and Conditions, you must not continue to use the Zen Diamond website.

 Terminology

The following terminology applies to these Terms and Conditions, Privacy Statement, Disclaimer Notice, and all Agreements:

• "Client," "You," and "Your" refer to you, the person accessing this website and accepting the Company’s terms and conditions.

• "The Company," "Ourselves," "We," "Our," and "Us" refer to Zen Diamond (MedArt Inc.).

• "Party," "Parties," or "Us" refers to both the Client and the Company, or either the Client or the Company individually.

All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of providing assistance to the Client in the most appropriate manner—whether through formal meetings of a fixed duration or by any other means—for the express purpose of meeting the Client’s needs in respect to the provision of the Company’s stated services and/or products, in accordance with and subject to the prevailing laws of the United States.

Any use of the above terminology or other words in the singular, plural, capitalized, and/or gendered forms (such as he/she or they) are considered interchangeable and therefore refer to the same.

Cookies

We use cookies on the Zen Diamond website. By accessing or using our website, you consent to the use of cookies in accordance with Zen Diamond's Privacy Policy.

Cookies are small text files placed on your device to help enhance your browsing experience. Like most interactive websites, Zen Diamond uses cookies to enable the retrieval of user details for each visit, support website functionality, and improve ease of use for returning visitors.

Certain areas of our website may rely on cookies to function properly. In addition, some of our affiliate and advertising partners may also use cookies.

If you wish to disable cookies, you can do so through your browser settings; however, some parts of the site may not function properly as a result.

International Use and Shipping

Zen Diamond Online Store makes no representation that the materials on the site—including merchandise offered for sale, trademarks, patents, and licensing arrangements—are appropriate or available for use in locations outside the United States.

Individuals who choose to access this site from outside the United States do so on their own initiative and are solely responsible for compliance with all applicable local laws.

For shipments of merchandise to consumers, regardless of their location, title to the merchandise passes to the buyer upon delivery of the merchandise to the common carrier.

Intellectual Property and Use Restrictions

All materials on the Zen Diamond Online Store website—including but not limited to text, images, graphics, logos, and product descriptions—are protected by copyright and other intellectual property rights owned or licensed by Zen Diamond or its affiliates.

You may not copy, download, reproduce, republish, upload, post, transmit, or distribute any material from this site in any form or by any means, except for your own personal, non-commercial, home use. Any modification of the materials or use for purposes other than personal use constitutes a violation of Zen Diamond’s intellectual property rights.

The use of any content from this website on any other website, online platform, or networked computer environment is strictly prohibited without prior written permission from Zen Diamond.

Trademarks

The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on this site are the registered and unregistered trademarks of Zen Diamond Online Store, its affiliates, or third parties.

Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site without the prior written permission of the respective trademark owner.

Any unauthorized use or misuse of the Trademarks or any other content on this site is strictly prohibited and may violate intellectual property laws.

Gift Messaging

We’re delighted to offer you the option to include a personalized message when sending a gift through the Zen Diamond Online Store. A thoughtful note can make a gift even more special, and we do our best to present your message just as you intended.

However, to maintain the integrity of our brand and protect our trademarks, Zen Diamond Online Store reserves the right—at its sole discretion—to review, edit, modify, or omit any message content that may be considered inappropriate, offensive, or inconsistent with our values.

While we take great care in transcribing and delivering your message accurately, Zen Diamond Online Store cannot be held liable for any errors, omissions, or changes that may occur during the processing of your message or in the delivery of the accompanying gift card. We appreciate your understanding and are committed to providing a high-quality gifting experience.

User Submissions and feedback

Zen Diamond Online Store welcomes feedback regarding our products, services, and website. However, any personal messages, gift notes, comments, suggestions, ideas, or other content submitted to Zen Diamond Online Store—whether through the site or by other means—will become the sole property of Zen Diamond Online Store and its affiliates.

By submitting such content, you grant Zen Diamond and its affiliates the unrestricted right to use, reproduce, modify, adapt, publish, translate, distribute, and display the material in any form and for any purpose, including but not limited to advertising, marketing, and promotional efforts, without compensation, acknowledgment, or further permission.

Accordingly, we kindly ask that you do not submit any original creative materials, such as product concepts, designs, or artwork, that you do not wish to assign to Zen Diamond Online Store.

Indemnification

You agree to indemnify, defend, and hold harmless Zen Diamond Online Store, its 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) arising out of or related to your breach of these Terms of Use.

Diamond Carat Weights

Diamond carat weights (CT.) represent the approximate total weight (T.W.) of all diamonds in each setting, unless otherwise noted. Diamond solitaire weights may vary between 0.01 and 0.05 carats. Total diamond weights may vary between 0.01 and 0.08 carats.

Pricing Errors

While we make every effort to ensure accurate pricing, occasional errors may occur. If a pricing error is identified, please be assured there is no intent to mislead or unlawfully disadvantage any customer. We will work to correct any such error as promptly as possible.

In accordance with common law advertising principles, submitting an order through our website does not create a binding contract. A contract is only formed once an order has been shipped.

Data Collection and Communication

When you visit the Zen Diamond Online Store, certain non-personally identifiable information about your activity on the site is automatically collected. This data is used for internal analysis in aggregate form to help us improve the performance and user experience of our website.

Personally identifiable information, such as your email address or name, is only collected when you voluntarily provide it—for example, when contacting us, signing up for newsletters, or placing an order.

We may use your email address or other contact details to communicate with you regarding your inquiries, orders, or promotional content. Additionally, we may use customer shipping addresses to send printed catalogs or marketing materials we believe may be of interest.

If you no longer wish to receive communications from Zen Diamond Online Store, you may opt out at any time by contacting us at [email protected].

License

Unless otherwise stated, Zen Diamond and/or its licensors own all intellectual property rights in the material published on https://www.zendiamond.com. All such rights are reserved.

You may view, download, and/or print pages from the website for your personal, non-commercial use, subject to the restrictions outlined 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 expressly permitted for redistribution

Hyperlinking to Our Content

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

• Government agencies

• Search engines

• News organizations

Online directory distributors may link to our website in the same manner as they hyperlink to other listed businesses. Systemwide Accredited Businesses may also link to our website, except for soliciting non-profit organizations, charity shopping malls, and charity fundraising groups, which are not permitted to hyperlink to our site.

These organizations may link to our homepage, publications, or other website information provided that the link:

a) Is not misleading in any way;
b) Does not falsely imply sponsorship, endorsement, or approval by Zen Diamond Online Store or its products/services; and
c) Fits within the context of the linking party's website.

We may, at our sole discretion, consider and approve other link requests from the following types of organizations:

• Well-known consumer and business information sources such as Chambers of Commerce, American Automobile Association (AAA), AARP, and Consumers Union

• Dot-com community sites

• Associations or groups representing charities, including charity giving sites and online directory distributors

• Internet portals

• Accounting, law, and consulting firms whose primary clients are businesses

• Educational institutions and trade associations

Approval of Link Requests

We will approve link requests from eligible organizations only if we determine that:

a) The link would not reflect unfavorably on Zen Diamond Online Store or our accredited businesses. For example, trade associations or organizations representing businesses considered inherently suspect (such as work-at-home schemes) will 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 any potential drawbacks.
d) The link appears in the context of general resource information or is consistent with editorial content in a newsletter or similar publication that furthers the organization's mission.

These organizations may link to our homepage, publications, or other website content provided that the link:

• Is not misleading in any way;

• Does not falsely imply sponsorship, endorsement, or approval of the linking party or its products/services by Zen Diamond Online Store;

• Fits within the context of the linking party’s website.

Requesting Permission to Link

If you belong to one of the organizations listed in paragraph 2 above and wish to link to our website, please notify us by sending an email to [email protected]. Your message should include:

• Your name

• Your organization’s name

• Contact information (phone number and/or email address)

• The URL of your website

• A list of URLs from which you intend to link to our site

• A list of URLs on our site to which you would like to link

Please allow 2–3 weeks for a response.

Permitted Hyperlinking

Approved organizations may hyperlink to our website using:

• Our corporate name;

• The uniform resource locator (URL) being linked to; or

• Any other description of our website or material that fits naturally within the content and format of the linking party’s site.

Use of Zen Diamond’s logos or other artwork for linking purposes is not permitted without a separate trademark license agreement.

Iframes

You may not create frames or iframes around any of the Web pages on https://www.zendiamond.com, nor use any other techniques that alter the visual presentation or appearance of our website, without our prior written approval.

Reservation of Rights

We reserve the right, at any time and at our sole discretion, to request that you remove all or any particular link to our website. You agree to promptly remove all such links upon our request.

We also reserve the right to amend these Terms and Conditions, including the linking policy, at any time. By continuing to link to our website, you agree to be bound by and comply with the then-current linking terms and conditions.

Removal of Links from Our Website

If you find any link on our website or any linked website objectionable for any reason, you may contact us to request its removal. While we will consider such requests, we are under no obligation to remove the link or respond directly to you.

Disclaimer

Although we strive to ensure the information on this website is accurate and up to date, we do not warrant its completeness or accuracy. We also do not guarantee that the website will remain continuously available or that the material will be kept current.

Content Liability

Zen Diamond Online Store shall have no responsibility or liability for any content appearing on your website.

You agree to indemnify and defend us against all claims, damages, or liabilities arising out of or related to content on your website.

No links to our website may appear on any page or within any context that contains material which could be interpreted as libelous, obscene, criminal, or that infringes, violates, or advocates the infringement or 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 your use of it, including, without limitation, any implied warranties of satisfactory quality, fitness for purpose, and 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.

Limitation of Liability

The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer:

(a) are subject to the provisions outlined in the preceding paragraph; and
(b) govern all liabilities arising under this disclaimer or in connection with its subject matter, including liabilities arising in contract, tort (including negligence), and breach of statutory duty.

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

Modification and Notice

You agree that Zen Diamond may modify these Terms and Conditions and any other policies on our site at any time. Posting the updated Terms and Conditions or policies on our site will serve as sufficient notice of such changes.

Termination

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

Severability

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

Credit & Contact Information

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If you have any questions or concerns regarding these Terms and Conditions, please contact us.