PINK DIAMOND DEFINITIONS 

PINK DIAMOND CERTIFIED BY ARGILE :  Specifies polished diamonds which meet the following criteria: 

1. The diamond originates from the Argyle mine. 
2. The diamond is natural and untreated. 
3. The diamond was colour and clarity graded by the Argyle mine. 
4. The Argyle diamond mine has laser inscribed the diamond. (0.08ct plus) 
5. The diamond has been issued with a gem identity authenticity certificate/lot number by the Argyle diamond mine and the document aligns with the characteristics of the diamond. 
6. The diamond is registered and can be validated through the Argyle website. (0.08ct plus) 
7. The diamond’s rarity can be accurately graded.  
8. The diamond can be sold through any official Argyle mine resale platforms. 
9. The diamond is eligible to be sold through the Australian Pink Diamond Trade Centre. 

ARGYLE ORIGIN: Specifies polished diamonds which meet the following criteria: 

1. The diamond originates from the Argyle mine. 
2. The diamond was NOT cut and polished by the Argyle mine. 
3. The diamond was NOT colour or clarity graded by the Argyle mine. 
4. The diamond was NOT certified by the Argyle mine. 
5. The diamond was NOT laser inscribed by the Argyle mine. 
6. The diamond’s rarity CANNOT be accurately graded.  
7. The diamond is NOT registered and cannot be validated through the Argyle website. 
8. The diamond is NOT eligible to be sold through any of the official Argyle mine resale platforms.  

NOT ARGYLE: Specifies polished diamonds which meet the following criteria: 

1. The diamond is NOT from Australia.  
2. The diamond originates from another geographical location. 
3. The diamond’s rarity CANNOT be accurately graded.  
4. The diamond is NOT eligible to be sold through any of the official Argyle mine resale platforms. 
5. The diamond is NOT eligible to be sold through the Australian Pink Diamond Trade Centre. 

ARGYLE COLOUR DEFINITIONS: 

1. Purplish Pink (PP) – This colour grade has a secondary overtone of magenta.  
2. Pink (P) – This colour grade has a slight Reddish secondary overtone. 
3. Pink Rose’ (PR) – This colour grade has a secondary overtone of burgundy. 
4. Pink Champagne (PC) – This colour grade has secondary earthy overtones such as brown and orange. 
5. Blue – This colour grade has secondary overtones of Grey and Violet. 
6. Red – This colour grade generally has no secondary overtones. 
7. Purplish Red – This colour grade has a secondary overtone of magenta. 

USER TERMS AND CONDITIONS 

USER REGISTRATION  

APDTC extends invitations to third-party buyers and sellers of Argyle Certified Diamonds to apply for registration and access the trade centre’s Platform. APDTC reserves the right to limit, suspend, or terminate a User’s access to the Platform without prior notice, for any reason whatsoever. This includes situations where APDTC deems that the User (or their corporate employer) is or may be in violation of any relevant clause, representation, or warranty outlined in these Conditions.  

Additionally, APDTC may take such action if the User is or may be unable to fulfil their financial obligations as they become due and payable, or if the User’s organisation has an administrator, liquidator, provisional liquidator, receiver, manager, controller, or similar officer appointed to all or most of its property.  

This also includes situations where an order or application has been made by any person or authority for the appointment of such a person, or if the User’s organisation is dissolved, deregistered, or has an order made for its winding up. Any measures implemented by APDTC pursuant to this clause shall not affect any other legal rights that may be held against the User, whether in their personal capacity or as a representative of their organisation. 

USER REQUIREMENTS 

When submitting a Purchase or Sale Enquiry using the Platform, each User represents and guarantees to APDTC that the proposed enquiry meets all the requirements as of the day the enquiry is filed. 

(a) Each individual registering as a User affirms to APDTC that the person is legally permitted to act on their own behalf, or as an agent for and on behalf of their corporate employer, for any purposes related to the User’s access to the Platform. 

(b) Each User must keep their login, password, and other data secure and secret and contact APDTC promptly if they are lost or stolen. 

(c) Some portions of this site are password-locked (“Password-Protected Areas”) and accessible only to Users who have registered for an account with APDTC. Users must complete the account registration process completely. APDTC retains the right to refuse or revoke any User’s registration or access to Password Protected Areas. APDTC takes reasonable precautions to ensure the security of Password-Protected Areas but cannot guarantee the absolute security of information or communications in such areas. Users are responsible for keeping the password they obtain from APDTC secure. APDTC shall not be liable for any loss or liability caused by an unauthorised person using a User’s password. 

USER ACTIVITIES 

The user hereby acknowledges and agrees that they will utilise the platform exclusively for the purpose of initiating requests to sell or purchase Argyle Certified Diamonds. 

(a) The user is prohibited from transmitting any content through the Platform that violates these Conditions or engaging in any behaviour with other users that APDTC deems inappropriate or unprofessional. APDTC reserves the right to make such assessments at its sole discretion. 

(b) The user is prohibited from contacting or attempting to contact other users regarding a specific Listing, discussing, or disclosing prices contained in any Listing with other users, colluding or acting in concert with other users, or engaging in any activity that may violate any legislation. 

(c) If such circumvention shall occur, the user will be automatically expelled from the Trade Centre.  

USER ACKNOWLEDGEMENTS 

The user hereby recognises and consents to the following terms: 

(a) The user and other users may access the platform anonymously to the public, and APDTC is not obligated to reveal any party’s identity unless authorised by the concerned party. 

(b) Availability to this Platform is provided on an ”as is” basis and solely at the discretion of the User, who assumes all risks associated with it. 

(c) APDTC is not obligated to investigate or verify the authenticity or authority of any users, nor is it required to confirm the validity, accuracy, or completeness of any enquiries submitted through the platform. 

USER DUE DILIGENCE 

While APDTC performs reasonable due diligence on every party applying for registration to this Platform, APDTC does not warrant or represent to any person that any User or its corporate employer will be free of any sanctions at the time of registration or in the future.  

USER LIABILITY  

Any external agreement that was negotiated, executed, and performed exclusively by the relevant users cannot hold Liability against APDTC.  APDTC is not a party to the External Agreement and therefore cannot be held liable for any non-performance or breach of said agreement by any user. 

APDTC hereby disclaims and excludes, to the fullest extent permitted by applicable law, any warranties, representations, or conditions, whether implied at common law, by contract, by statute, or otherwise, relating to the Argyle Certified Diamond, including but not limited to its description, variety, characteristics, satisfactory quality, merchantability, polished outcomes, or fitness for any purpose, whether communicated by the User or made known to APDTC, or arising from a course of dealing or usage of trade.  

This disclaimer also extends to any supporting digital information made available via the Platform in connection with the goods. Each user, acting on their own behalf or as an agent for their corporate employer (if applicable), agrees to release, hold harmless, indemnify, and defend all indemnified persons against all liabilities incurred or suffered as a result of or alleged to have arisen in connection with the user’s use of and access to the platform. This encompasses all liabilities that have been incurred or suffered, whether alleged or actual, arising in whole or in part from or in consequence of any matter related to the following.  

These are potential sources of liability for the user, but not excluding any others that may present: any violation of the Conditions, any discrepancies found in the Certified Diamonds and their descriptions on the Platform, any failure to perform External Agreements, any issues related to the operation, functionality, availability, connection, or communication with the Platform, and any actions taken by a third party who gains access to the Platform using the user’s login credentials. 

Under no circumstances will the Indemnified Persons be held liable to any User or third party for any indirect, consequential, incidental, special, punitive, or exemplary loss or damage, including but not limited to loss of profit, revenue, business, production, opportunity, use, contract goodwill, reputation, anticipated savings, or any claim against the User by its customers. This applies whether the claim is based on contract, tort (including negligence), breach of statutory duty, or any other legal theory. The User’s use of and access to the Platform, or APDTC’s exercise of any right under these Conditions or otherwise, may directly or indirectly result in such loss or damage. 

LISTING YOUR DIAMOND WITH APDTC

Prior to submission to the APDTC, a third-party user is required to ensure that each proposed listing meets all the following criteria.

(a) The diamond specified in the Listing satisfy the requirements for being classified as a pink diamond certified by the Argyle.

(b) All information and supporting materials pertaining to the listing must be comprehensive, precise, and devoid of any misleading content.

(c) The User or their corporate employer, holds legal ownership of the goods and has the authority to sell them either on their own behalf or as an agent for their corporate employer.

(d) The user or their corporate employer, can transfer legal title of the goods without any encumbrances, claims, or liens.

(e) The sale of the goods shall adhere to all relevant laws, including but not limited to indirect transaction taxes or other relevant duties.

(f) The diamond and all accompanying certifications will be appropriately packaged and transported to APDTC before the diamond is listed.

PRICING 

(a) All pricing information displayed or conveyed through the Platform is determined at the discretion of APDTC. 

(b) All prices quoted are in Australian dollars and include GST. 

PRODUCT DUE DILIGENCE 

APDTC will perform reasonable due diligence on every third-party listing uploaded to the Platform, by performing a physical inspection of the diamond and digital review of the Gem Identity and Authenticity Certificate (or comparable document).

CONFIDENTIAL INFORMATION  

The term “Confidential Information” refers to any information, documentation, or data of a confidential nature, including but not limited to information related to Certified Diamonds or External Agreements, commercial or business secrets, technical or operational matters, and the business affairs or activities of the disclosing party or its affiliates. This definition excludes any information that was publicly available or independently known by the recipient, as evidenced by documented and probative evidence, and not obtained through a breach of this clause or any obligation of confidence. 

USER CONFIDENTIALITY 

(a) Each party agrees that it will keep such Confidential Information as is always received confidential and it will not use or disclose such Confidential Information other than as permitted under this clause. 

(b) The confidentiality obligations under this Clause shall remain in force for a period of five (5) years after the date that a User last accesses the Platform. 

DISCLOSING CONFIDENTIAL INFORMATION  

APDTC may disclose confidential information if legal proceedings arising out of or in connection with the User’s access to the Platform or any External Agreement, and to an existing or bona fide prospective purchaser of the party or its business in whole or part. It should be noted that APDTC will not be a party to any External Agreement, nor is it involved in the negotiation, execution, or performance of any External Agreement. 

PROHIBITED CONDUCT 

The following activities are strictly prohibited: 

• Spamming, advertising, soliciting or political campaigning 

• Posting materials containing viruses or other malicious or destructive code 

• Postings for any unlawful or fraudulent purpose (including links) 

• Phishing 

• Personal attacks on or abuse of any members, moderators, or administrators of a forum 

• Posting of personal information (for yourself or anyone else) 

• Posting of offensive content including profanity, obscenity, racist or pornographic material 

• Posting of any materials that are defamatory or infringe any person’s rights 

COPYRIGHT

All copyright or other intellectual property rights in this Platform (and any future modifications or enhancements), in the imagery and other materials provided by APDTC throughout the Platform, and in all other materials provided by APDTC to the User in connection with this Platform shall remain the property of APDTC.