These are the terms and conditions ("User Agreement") governing your use of the website www.kgkgroup.com (hereinafter referred to as "the Website") .These terms and conditions constitute your binding obligations towards KGK Online Inventory Pty. Limited (hereinafter referred to as ‘KGK Online’, ‘www.kgkgroup.com’, ‘we’, ‘us’ or ‘our’).

For the purpose of the User Agreement, Registered User / Guest User and wherever the context so require 'You' shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself a unique identification user name ("User ID" and "Password").

These conditions apply to the purchase of products/diamonds from the Website www.kgkgroup.com.

Amendments: We reserve the right at any time without notice to revise, modify, alter or update the User Agreement. We encourage you to revisit the User Agreement periodically to ensure that you are at all times fully aware of the User Agreement. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all amended User Agreement.

1. Eligibility

1.1 Use of the Website is available only to persons who can form legally binding contracts. Persons who are incompetent to contract including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not place an order for any product/diamonds on the Website. KGK Online reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to KGK Online’s notice or if it is discovered that you are under the age of 18 years.

1.2 Business entity registration: If you are registering as a business entity, you represent that you are duly authorised by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.

2. Your Account and Registration Obligations

2.1 If you use the Website, you are responsible for maintaining the confidentiality of your User ID and Password and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password.

You agree, inter alia, to:

2.2 Provide true, accurate, current and complete information about yourself as prompted by www.kgkgroup.com registration form (such information being the "Registration Data")

2.3 Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or KGK Online has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, KGK Online has the right to indefinitely suspend or terminate your membership with the Website and refuse to provide you with access to the Website.

2.4 Electronic Communications When You use the Website or send emails or other data, information or communication to KGK Online, You agree and understand that You are communicating with KGK Online through electronic records and You consent to receive communications via electronic records from KGK Online periodically and as and when required. KGK Online will communicate with You by email or electronic records on the KGK Online Website which will be deemed adequate service of notice.

3. Orders

3.1 We accept online orders for product/diamonds as listed on our Website. Your order is an offer by you to purchase subject to these conditions. You place your order from the Website by clicking on the confirm order button at the end of the online order process. You will be guided through the process of placing an order by a series of simple instructions on the Website.

(a) The product you have ordered is out of stock
(b) The inability to obtain authorisation for your payment
(c) Error in the identification of price or of the product/diamonds
(d) You are not meeting the eligibility criteria set out above

In case, we are unable to fulfil your order following our order acknowledgement, we will contact you by email to advise you of this. Please note that any order by you will not create any binding obligation on KGK Online for the product/diamonds ordered by you.

3.6 If for any reason beyond our reasonable control we are unable to supply any product/diamond, we will notify you at the earliest opportunity. If any of the product/diamonds ordered by you are out of stock, we will endeavour to specify this on the Website. If however, you place an order for product/diamond which we subsequently discover to be out of stock, we will endeavour to inform you of this and to notify you of timescales for delivery of such product/diamonds.

If you require any information regarding your order, please contact us at sales.mumbai@kgkmail.com.

4. Confirmation of Orders by KGK Online:

Placing an order(s) by you on the Website shall not complete the sale unless and until confirmed by the KGK Online or its representatives and shall not create any rights, title and interest in any manner in the product shown on the Website. Orders placed by you are always subject to confirmation by the KGK Online. It is possible that we may receive many orders for a particular product at the same time, in such a case, we reserve the right to confirm the sale.

An order placed on the Website cannot be cancelled after confirmation by the KGK Online, though you may cancel the order before the confirmation and an order placed on Website shall be confirmed within 36 hrs after which you will not be allowed to cancel the order under any circumstances.

5. Shipments

If an order placed by you is confirmed by the KGK Online, such order can take up to 7 working days for shipment by a reputed international courier agency. On shipment, the KGK Online will provide you with relevant information regarding your shipment to enable you to check the status of the shipment and date and time of delivery at the address provided by you. However, the KGK Online takes no responsibility and assumes no liability for delay occurred during shipment due to any reason.

6. Product Availability and Pricing

KGK Online will ensure that the Website is as accurate and complete as possible on the Website. Our objective is to provide you with as much information and detail about your prospective purchase as possible. Please note that all prices indicated for product/diamonds available via the Website are net prices and exclusive of delivery charges. It is possible that a product which is shown available for sale on the Website is actually not available at the time of placing order due to any reason, in such a case we reserve the rights to confirm the sale.

Data, including prices, may be inaccurately displayed on our Website due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product’s listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our Prices are also subject to change without notice. Payment terms of the products/diamonds will be governed by the supplier of the products/diamonds, which shall be communicated to you at the time of confirmation of the order by KGK Online.We apologize for any inconvenience that this may cause. If you have any questions, please contact us at saleskgk@gmail.com.

We also reserve the right at any time to vary the Price to reflect any increase in costs to us which is attributable to factors beyond our control; including, but not limited to, any variation in the cost of materials, transport, labour or other production costs, duties, taxes or any fluctuation in exchange rates. If you are paying in local currency of your country, then the current bank exchange rate will be applicable at the time of payment for such product/diamond and not the exchange rate at the time of confirmation of sale by us.

7. Description of Product/Diamonds

Each product/diamonds purchased is sold subject to its product/diamond description. We will take all reasonable care to ensure that all details, descriptions and prices of product/diamonds appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information, including product description, appearing on the Website at a particular time may not always reflect the position at the exact moment you place an order.

8. Diamond Certificates

On confirmation of your order, KGK Online will ship you with diamond grading report. On return of diamonds by you, we will require each diamond grading report to be included with each returned diamond. If you do not include the diamond grading report with your return, you will be charged a replacement fee of $250.

9. Policy on Conflict Diamonds

KGK Online cares about your concerns and the individuals employed in the mining industry. We guarantee that 100% of the diamonds/products sold by KGK Online are conflict free and are purchased in full compliance with national law, the Kimberley Process and Diamond Industry’s Best Practice Principles (BPPs). KGK Online guarantees while procuring product/diamonds from all our vendors that 100% of the diamonds they are supplying come through a legitimate supply chain.

10. Site Content

The Website and all content and other materials, including, without limitation, all designs, text, graphics, pictures, selection, coordination, 'look and feel', information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of KGK Online or its licensors and are protected by trade dress, copyright and trademark laws, and various other intellectual property rights and unfair competition laws.

11. KGK Online as Platform

The Website is only a venue where you can place your order for purchase of the products/diamonds by you and unconditionally agree that KGK Online is not a party to any purchase or sale of products/diamonds between you and the supplier.This Website is purely informative and exclusively just a platform for listing of products/diamonds meant only for your knowledge and convenience for the purchase of the said product.

12. Disclaimer of Warranties and Limitation of Liability

THE MATERIALS AND INFORMATION PROVIDED BY KGK ONLINE ON THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KGK ONLINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE WEB SITE. YOU AGREE THAT YOU ACCESS AND USE THE WEBSITE AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KGK ONLINE DISLCAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KGK ONLINE DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM KGK ONLINE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KGK ONLINE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You also specifically acknowledge that KGK Online is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties.

The law of certain states may not allow limitations on warranties or damages as described above. If such law applies to you, some or all of the above disclaimers, exclusions or warranties may not apply to you and you may have additional rights. However, in no event shall KGK Online's aggregate liability to you for all claims, damages, losses, and causes of action exceed the amount paid to KGK Online by you for accessing KGK Online's Website.

13. Indemnity

You shall indemnify and hold harmless KGK Online and (as applicable) from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms and Conditions or your violation of any law, rules or regulations or the rights of a third party.

14. Arbitration

If any dispute arises between you and KGK Online during your use of the Website in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms and Conditions or the documents they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by KGK Online. The place of arbitration shall be Johannesburg, and rules of the Arbitration Foundation of South Africa (“AFSA”) shall govern the arbitration proceedings.The arbitration proceedings shall be in the English language.

15. Governing Law

These Terms and Conditions or the documents they incorporates by reference shall be governed and construed in accordance with the laws of Republic of South Africa.

16. Relationship, Notice and Severability

None of the provisions of these Terms and Conditions shall be deemed to constitute a partnership or agency between you and KGK Online and you shall have no authority to bind KGK Online in any manner whatsoever.

Except as explicitly stated otherwise, all notices addressed to KGK Online shall be sent by postal mail to KGK Online to KGK Online Attn: Legal Department and all notices to you shall be sent to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

17. Copyright

Copyright © 2009 KGK Online. All rights reserved.

This site is owned and updated by www.kgkgroup.com. Unless otherwise specified, all information or materials appearing on this site, including the pebblestar.com logo, text, site design, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of kgkgroup.com.

No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without kgkgroup.com prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil action.

Privacy Notice

Overview

Your privacy is very important to us. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. Please read this privacy policy to learn more about the ways in which we use and protect your personal information.

The privacy practices of this statement apply to our services available under the domain name kgkgrup.com (the "Site"). By visiting this website you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree please do not use or access our Site.

This Privacy Policy describes the information, as part of the normal operation of our services, we collect from you and what may happen to that information. By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the User Agreement. This Privacy Policy is effective upon acceptance in registration for new registering users, and is otherwise effective for all users.

Your Privacy - Our Commitment

At KGK Online, we are extremely proud of our commitment to protect your privacy. We value your trust in us. We will work hard to earn your confidence so that you can enthusiastically use our services and recommend us to friends and family. Please read the following policy to understand how your personal information will be treated as you make full use of our Site.

Privacy Guarantee

KGK Online promises that we will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. Your trust and confidence are our highest priority.

Information we collect

When you use our Site, we collect and store your personal information from you. Our primary goal in doing so is to provide a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Site to make your experience safer and easier. Importantly, we only collect personal information about you that we consider necessary for achieving this purpose.

In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. To fully use our Site, you will need to register using our online registration form, where you may be required to provide us with your contact and identity information, residence / place of business information, billing information, shipping information and other personal information as indicated on the forms throughout the Site. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Site.

We use data collection devices such as "cookies" on certain pages of the Site to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a "cookie". We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Site and you may be required to reenter your password more frequently during a session.

Additionally, you may encounter "cookies" or other similar devices on certain pages of the Site that are placed by third parties. For example, if you view a web page created by a user, there may be a "cookie" placed within that web page. We do not control the use of cookies by third parties.

Our use of your information

We use your personal information to facilitate the services you request. We use your personal information in the file we maintain about you, and other information we obtain from your current and past activities on the Site to: resolve disputes; troubleshoot problems; help promote safe trading; detect and protect us against error, fraud and other criminal activity; enforce our User Agreement; and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine your personal information to identify users using multiple User IDs or aliases. We may compare and review your personal information for errors, omissions and for accuracy.

You agree that we may part with your personal information in favor of any Governmental authority of any jurisdiction or to any other person pursuant in terms of Applicable Law.

You agree that we may use personal information about you to improve our marketing and promotional efforts, to analyze site usage, improve the Site's content and product offerings, and customize the Site's content, layout, and services. These uses improve the Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Site.

You agree that we may use your personal information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting the User Agreement and Privacy Policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to opt out of the receipt of certain communications in your profile. You may make changes to your profile at any time. Access or change your personally identifiable information To protect your privacy and security, we will verify your identity before granting access or making changes to your personally-identifying information. If you have registered your profile on kgkgroup.com, your kgkgroup.com ID and Password are required in order to access your profile information.

Your Consent

By using the Site, you consent to the collection and use of the information you disclose on the Site by kgkgroup.com. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. We reserve the right at any time without notice to revise, modify, alter or update the privacy policy. We encourage you to revisit the privacy policy periodically to ensure that you are at all times fully aware of the privacy policy. Any changes are effective immediately upon posting to the Site and your continued use of the Site constitutes your agreement to all amended privacy policies.