USER AGREEMENT & CONDITIONS OF SALE

BuyDiamondsIndia

A Product of DiaTrac Solutions Private Limited
CIN: ___
Registered Address: D57, Sector D, Kanpur Road, Lucknow, Uttar Pradesh
Email: admin@diatrac.in
Jurisdiction: Delhi, India

USER AGREEMENT & CONDITIONS OF SALE

(Marketplace-Only Model — DiaTrac does not handle payments)

Effective Date: [●]

Welcome to BuyDiamondsIndia.com (the “Platform” or the “Site”), a digital marketplace owned and operated by DiaTrac Solutions Private Limited (“DiaTrac,” “Company,” “We,” “Us,” “Our”).
BuyDiamondsIndia is a product and service offering of DiaTrac Solutions Pvt Ltd, enabling sellers to list natural and lab-grown diamonds and enabling buyers to discover, negotiate, and connect directly with such sellers.

This User Agreement governs your (“User,” “Buyer,” or “Seller”) access to and use of the Site, including all related pages, mobile applications, tools, and services.

Use of the Site constitutes your acceptance of this Agreement. If you do not agree, you must not use the Site.

1. The Platform

BuyDiamondsIndia is an online marketplace that enables appropriately verified sellers (“Seller”) to list diamonds (“Items”) for prospective buyers (“Buyer”) to evaluate and directly transact outside the platform.
DiaTrac does not buy, sell, hold inventory, certify, guarantee, or participate in any sale between Buyers and Sellers.

2. Role of DiaTrac / BuyDiamondsIndia

2.1 Marketplace Only

DiaTrac acts only as a:

• Digital listing facilitator
• Technology provider
• Communication enabler

DiaTrac is NOT:

• The agent of Buyer or Seller
• A fiduciary
• A guarantor of any Item
• A payment intermediary
• A party to any transaction

2.2 No Responsibility for Sales

All transactions for diamond purchases occur directly between Buyer and Seller:

• Pricing
• Negotiation
• Payments
• Shipping
• Certification
• Product inspection
• Transfer of ownership

DiaTrac has no control over the quality, pricing, authenticity, shipment, packaging, delivery, or legality of the Items listed.

2.3 Optional Mediation

In case of disputes, DiaTrac may voluntarily provide mediation support, but:

• It is not mandatory
• It is not an arbitration service
• Any decision is non-binding
• DiaTrac cannot be held liable for any outcome

3. Account Registration & Responsibility

To use the Platform, Users may be required to register:

• Provide accurate information
• Maintain confidentiality of login details
• Be responsible for all actions under your account

Users must be 18 years or older.

DiaTrac reserves the right to approve, deny, or terminate accounts at its discretion.

4. Eligibility

This Platform may be used only by:

• Individuals over 18
• Businesses registered under relevant Indian laws
• Sellers capable of offering clear, lawful ownership of diamonds
• Buyers capable of entering legally binding contracts

The Platform is not directed to children under 13.

5. Platform Usage Conditions

You agree NOT to:

• Misrepresent product information
• Attempt to transact outside the Platform for listed Items (circumvention)
• Upload unlawful, misleading, or infringing content
• Engage in price manipulation or fraudulent activities
• Use automated tools to extract data (scraping)
• Misuse the Platform for spam, fake leads, or harassment

Violation may result in:

• Account suspension
• Permanent termination
• Legal action

CONDITIONS OF SALE (For Buyers & Sellers)

(Marketplace-only terms)

6. Buyer–Seller Relationship

6.1 Direct Transaction

All sales occur directly between Buyer and Seller.

Seller is solely responsible for:

• Accurate description
• Grading details
• Price
• Authenticity
• Invoice
• Delivery
• Taxes and duties
• Compliance with Indian and international trade laws

Buyer is solely responsible for:

• Verifying authenticity
• Verifying quality
• Independent valuation
• Payment directly to Seller
• Import/export compliance

6.2 DiaTrac Not Liable

DiaTrac:

• Makes no representations about listed Items
• Does not verify grading certificates
• Does not inspect goods
• Does not guarantee authenticity
• Is not liable for pricing errors

7. Item Listings

Sellers must ensure:

• Accurate product descriptions
• Correct grading reports (GIA, IGI, HRD, SGL etc.)
• Real images/videos when applicable
• Correct pricing

DiaTrac does not guarantee:

• Stock availability
• Accuracy of Seller information
• Authenticity of diamonds

Items are displayed “as provided by Sellers.”

8. Offers, Negotiations & Communication

BuyDiamondsIndia may allow:

• Offers
• Counteroffers
• Messaging

However, these constitute expressions of interest only, not binding contracts.

A binding contract forms only offline between Buyer and Seller.

DiaTrac is not a party to such contract.

9. Payments

BuyDiamondsIndia does not:

• Collect payments
• Hold escrow
• Charge or refund money
• Verify payment completion

Buyer must pay Seller directly through mutually agreed channels.

10. Taxes & Duties

Buyer is responsible for:

• GST
• Import duties
• IGST
• Customs clearance
• Valuation reports
• Compliance under Indian diamond trade laws

Seller is responsible for collecting applicable taxes as per Indian GST laws.

11. Shipping & Delivery

Buyer and Seller must mutually agree on:

• Packaging
• Courier
• Insurance
• Delivery timelines

DiaTrac does NOT:

• Ship Items
• Coordinate deliveries
• Guarantee courier performance
• Bear risk of loss

12. Title & Risk of Loss

Ownership and risk transfer:

• Occurs directly between Buyer and Seller
• As per their mutually agreed contract

DiaTrac plays no role in transfer of title.

13. “As-Is” Sale Condition

All Items listed on the Platform are sold strictly:

“AS IS” and “WITH ALL FAULTS.”

DiaTrac provides NO warranties, including:

• Merchantability
• Fitness for a purpose
• Authenticity
• Grading accuracy
• Visual appearance
• Quality

Buyers must conduct independent due diligence.

14. Intellectual Property Rights

All content on the Site:

• Text, design, logos, UI, data architecture, images, videos, software
  Is owned by DiaTrac Solutions Pvt Ltd unless uploaded by Sellers.

Unauthorized use is prohibited under:

• Indian Copyright Act, 1957
• IT Act, 2000

15. User-Submitted Content

Users may upload:

• Images
• Videos
• Descriptions
• Comments

Users must ensure:

• They own rights to the content
• Content is lawful
• Content is accurate

DiaTrac may remove any content at its discretion.

16. Third-Party Links

The Platform may link to:

• Grading labs
• Logistics partners
• Payment gateways
• Other resources

DiaTrac is not responsible for:

• Their content
• Their accuracy
• Their actions

17. Modification & Suspension

DiaTrac may:

• Modify features
• Suspend services
• Change interface
• Update policies
• Restrict user access

without prior notice.

18. Prohibited Activities

Users may not:

• Engage in fraud
• List synthetic diamonds as natural (or vice versa)
• Post misleading certificates
• Misrepresent cut, clarity, or authenticity
• Circumvent seller fees
• Extract seller/buyer data for competitive use

19. Termination

DiaTrac may terminate accounts for:

• Violation of terms
• Fraud
• Misrepresentation
• Abuse
• Legal non-compliance

Termination does not affect:

• Prior transactions
• Legal liabilities

20. Indemnity

Users agree to indemnify and hold harmless DiaTrac Solutions Pvt Ltd, its directors, employees, and affiliates from all claims arising out of:

• Misuse of platform
• Fraud
• Misrepresentation
• Violation of law
• Breach of Agreement
• Intellectual property violations

21. Limitation of Liability

To the maximum extent allowed under Indian law:

DiaTrac shall not be liable for:

• Lost profits
• Business interruption
• Loss of data
• Product disputes
• Shipment issues
• Non-delivery
• Misrepresentation by Sellers

Total liability shall not exceed INR 5,000.

22. Dispute Resolution & Governing Law

All disputes arising out of this Agreement shall be resolved through:

A. Negotiation & Internal Mediation

(Non-binding, optional)

B. Arbitration (mandatory)

As per Arbitration & Conciliation Act, 1996
Seat of Arbitration: Delhi, India
Language: English

C. Courts

Subject to jurisdiction of Delhi courts only.

23. Notices

All communications shall be sent to:

DiaTrac Solutions Pvt Ltd
D57, Sector D, Kanpur Road,
Lucknow, Uttar Pradesh
Email: admin@diatrac.in

24. Entire Agreement

This Agreement constitutes the entire understanding between the Parties and supersedes all previous agreements.

 

25. Effective Date.
These Terms are effective as of Nov 15, 2025.