TERMS AND CONDITIONS

(A) Preamble

1. These Terms and Conditions form the complete agreement of the parties regarding their business relationship. It is your duty and responsibility to familiarize yourself with your rights and obligations under these Terms and Conditions.
   
   
2. Together with our Customer Reward Program (CRP), our Terms and Conditions govern the manner in which you transact your business with M7D and your own referred customer/s. M7D reserves the right to change, at its discretion, any of these Terms and Conditions to accommodate evolving business needs, and you should read them periodically to stay abreast of any such changes
   
   

(B) Becoming an M7D Customer

Any person of legal age in her/his country (18 years and above) can be a M7D customer. The company reserves the right to accept and/or reject any customer/s referred without providing explanation or reason. M7D also reserves the right not to entertain any appeal in cases of rejection.

1. Upon confirmation as a M7D customer, a person shall not act as an authorized representative, agent, partner, joint venture participant or employee of M7D in any transactions, nor have any expressed, implied or extensible authority to bind or make any expressed or implied representation or warranty on behalf of the company. He/she would only be authorized to buy products from M7D and/or refer new customers to M7D in accordance with all the Terms and Conditions.
   
   
2. All customers of M7D are eligible to benefit from commissions in accordance with the CRP; and all customers are responsible for paying all taxes and tariffs applicable in their countries.
   
   

(C) Your Responsibilities

All M7D customers must promote the company’s products and CRP ethically, professionally, honestly and completely to prospective and new customers.

1. You may not sell or promote to other customers products that are similar to, or competitive with, M7D’s diamonds and services; nor may you enroll other customers in any other network marketing programs.
   
   
2. No representation or sales offer that is inaccurate or untruthful as to grade, quality and availability may be made relating to M7D products. Accurate information is contained in M7D’s authorized literature, and is subject to constant review and revision. It is your responsibility to obtain and use current M7D product literature and material.
   
   
3. Income guarantees or representations of any kind are forbidden, including exhibition of actual or copies of commission checks. You may not make false or misleading claims, or unreasonable or intentional misrepresentations with regard to the income potential of our CRP. Such claims, if directed to prospective or new customers, can be sources of discouragement if their performance fails to meet the represented expectation within a period. The real income potential for a customer is adequately reflected in the M7D website. It shall be used as the basis of income to eliminate the need or temptation to make misleading or unrealistic claims.
   
   
4. There are no exclusive territories or franchises to the CRP, and no restriction as to the location of people who may be referred to M7D as new customers; but all customers are personally responsible for their own decision to work with us, and must satisfy all laws and regulations applicable in their respective countries.
   
   

(D) Ordering a Product

You must order your products directly from us, using the Purchase Order presented in our website.

1. All purchase orders must be accompanied by a Business Account (BA) name. Our system identifies respective customers by their BA names.
   
   
2. It is your duty and responsibility to decide on your purchase/s from M7D. We shall assume that such decision has been independently made by you.
   
   
3. When an order is accepted by M7D, our system generates a Purchase Order number. It is your responsibility to record your Purchase Order number for order confirmation and for future reference on matters relating to your order. We also encourage you to print a copy of the purchase order for your records.
   
   
4. To facilitate computing CRP payments weekly, the cut-off date for confirmed orders is set at midnight (Dubai time) every Monday. Order confirmation received after this time shall be considered for the following week and shall be computed as such.
   
   
5. Diamond prices may fluctuate from time to time. It is hereby understood and agreed that all orders shall be bonded with any new prices. If applicable, M7D is not responsible for notifying customers of price changes; however, any changes in prices shall be displayed in the M7D website.
   
   
6. You may order your diamonds by making full payment or through the purchase of a M7D Easy Payment Plan.
   
   

(E) Full Payment

A customer who pays in full would receive a pair of diamonds (or a single piece of diamond in the case of 123 Plan) within the stipulated time and would be assigned a Business Account in accordance with the purchase page description. (Please refer to section on Delivery of Products.)

(F) Easy Payment Plan or Optional Full Payment Plan

1. You may also purchase an Easy Payment Plan or an Optional Full Payment Plan (the latter comes with a silver pendant), which is redeemable for a desired M7D product of similar value. (Please see Redemption of Products.)
   
   
2. Orders placed through Easy Payment Plan or Optional Full Payment Plan and commissions thus earned entitle customers to ecVouchers(or DV in the case of 33B Plan), which may be used to redeem desired M7D product/s at the value of the vouchers or DV. Each ecVoucher or DV shall be assigned a Business Center, in accordance with its Business Account, which will be the legal owner of that voucher.
   
   
3. There is no limit to the number of vouchers you can obtain. However, M7D prohibits any customer from obtaining an inordinately large or unreasonable quantity for the purpose of manipulating or disrupting the CRP.
   
   
4. Purchase of an Easy Payment Plan or an Optional Full Payment Plan does not constitute a confirmation of price. When diamond prices change, redemption of the ecVouchers or DV would be subject to the new price.
   
   
5. An ecVoucher or DV is not transferable and expires five years from the date of sign-in .
   
   
6. After expiry per (5) above, if the account remains inactive (i.e. no transaction of any kind ) for more than 12 months, the account will automatically be deleted from our system.
   
   

(G) Confirmation of Purchase Orders

All purchase orders shall be considered to be placement of orders until confirmation of those orders and/or payment is made to M7D – in full or by the purchase of an Easy Payment Plan or an Optional Full Payment Plan.

1. All orders shall be stored in the system for one month awaiting confirmation, and such orders shall not be placed in the genealogy or displayed in the website.
   
   
2. It is your responsibility to confirm your purchase order/s with payment through telegraphic transfer (TT) or any other acceptable method in accordance with our purchase procedures.
   
   
3. You must confirm your order by making a deposit in your BA Statement Account with the following details: Your name, the BA name, date of remittance, your bank’s name, the sum remitted and the payment currency. Confirmation of purchase orders shall be made only upon official receipt of payment. (See also next section “Payment to M7D ”.)
   
   
4. Confirmation of an order does not constitute confirmation of price. When diamond prices fluctuate, confirmed orders would be based on the new prices. M7D has no influence on diamond prices, so customers may not be notified by M7D in advance of new prices.
   
   
5. On confirmation of orders and receipt of payment, the respective BA shall be placed in accordance with its genealogy placement stipulated in the purchase order/s. This Business Account could be viewed in the M7D website within the “cooling-off” period. It shall remain as such as long as the customer agrees to be an M7D customer.
   
   

(H) Payment to M7D

Payment can be made by TT, payable to My7Diamonds International Ltd.at the Bank of East Asia, Hong Kong.

1. We accept payment by TT to the designated M7D accounts as described in the section Payment Procedure. (http://www.my7diamonds.com/purchase/bankdetail.asp)
   
   
2. If you do not include the mentioned bank charges, we reserve the right to deduct from the commission earned, or withhold such order/s, until those bank charges are remitted to us.
   
   
3. Confirmation of orders with TT payment shall take effect upon receipt of the funds, and not upon receipt of the confirmation.
   
   
4. You are responsible for ensuring that the TT reaches us in good order. We will not be responsible for any TT that is not received, or which has been misplaced during transmission.
   
   

(I) Business Center & Its Placement

M7D customers are each assigned seven reserved Business Centers (except 33B and 123 Plans) to be placed in accordance with the M7D Customer Reward Program.

1. Each Business Account must be accompanied by a Business Account name. This BA name is final: it cannot be changed for any reason. Therefore, it is your responsibility to select your BA name carefully, avoiding any issues relating to race, religion and the law. If a legal issue arises from your BA, M7D shall not be responsible. You have full responsibility for resolving such issues at your own expense.
   
   
2. Your BA shall remain in the network and in proper placement in the genealogy for a lifetime, providing there is no breach of the stipulated M7D Terms & Conditions.
   
   
3. When you introduce a customer, you reserve the right to decide on the placement of the referred customer. Such placement must be specified in the purchase order, and M7D shall comply accordingly.
   
   

(J) Changes & Alterations

We allow changes and alterations to the placement of a Business Center which has been confirmed and placed only if we are notified during the “cooling off” period. Please ensure that you confirm or amend information as necessary during that time.

(K) Redemption of Products

1. You can redeem your purchases from M7D with ecVouchers or DV using the on-line redemption service in our website. You would need to pay the balance due to the company.
   
   
2. When diamond prices fluctuate, redemption is subject to the new prices. Price changes are displayed in our website, and you will be notified of such changes through e-notices on the website.
   
   
3. You can use your ecVouchers and Reward Vouchers or DV to offset the purchase price of your desired product/s.
   
   
4. You reserve the right to buy your desired product/s by making Full Payment to us at any time, providing these outright purchases are made by cash.
   
   
5. Such redemption must be accompanied by payment for the balance to M7D through Telegraphic Transfers (TT), Reward Voucher/s or DV and/or Commission.
   
   

(L) Telegraphic Transfer(TT):

1. Payment for the balance by TT must be made payable to My7Diamonds International Ltd., Bank of East Asia, Hong Kong. 
   
   
2. The M7D office must be notified by e-mail or fax with the following details:

   i) Account number (514-25-05511-1)

   ii) Date

   iii) Amount (please state in US$ amount)

   iv) BA and BA identity

   v) TT owner ’s name.

   
   
   
3. M7D shall execute such redemption upon receipt of payment (see section Delivery of Products).
   
   

(M) Reward Vouchers:

An automatic program has been created to activate unpaid centers and redeem products, except for 3/3B and 123 Plans. If you have accumulated enough Reward Vouchers (RV) to redeem your diamonds, we will automatically send the gems to you, based on your updated personal profile. RV deduction will be reflected in your RV statement.

(N) Commission:

You may instruct us to withhold commission earned and contra it against redeemed products.

(O) Delivery of Products

Except in countries where there is an authorized Country Agent in which case delivery will be through the Country Agent, you will receive your diamonds within fourteen days of the date of official confirmation of order/s or redemption directly couriered to you from M7D – providing, of course, that you have made full payment or used the redemption program, subject however to import requirements in your country.

1. Products shall be shipped to you, by a secured and insured courier service, at the address you have provided to us. The products must be received by you, our designated customer. In most countries, there are no tariff charges. Where there are, you will have to bear those charges, and repay the courier or give instruction to pay such charges directly to the relevant authority before delivery is made.
   
   
2. Shipping charges are included in the product price. However, in the event of a wrong address being given through no fault of M7D, additional shipping charges for re-delivery of the product shall be for the customer’s account.
   
   
3. For diamonds redeemed through the Customer Reward Program, you could pay the balance to M7D or instruct us to deduct it from your commissions and/or Reward Voucher/s or DV. Such redemption would be considered to be a confirmed order with full payment, after the balance payment has been deducted from your commissions due and/or Reward Voucher/s or DV per your instructions.
   
   
4. A M7D diamond has a laser inscription of its certificate’s serial number on its girdle, and is delivered to you in a secure plastic casing with a certificate from the International Gemological Institute.
   
   
5. If we are unable to deliver any requested product because of unavoidable circumstances – such as product shortage or discontinuation – we have the right to replace the requested product with another of the same or higher value.
   
   

(P) Reward Voucher

You shall earn Reward Voucher/s (or DV for 33B Plan or cash for 123 Plan)through our Customer Reward Program. These vouchers are not transferable.

1. Reward Vouchers or DV are assigned to the respective Business Account in the Business Center’s name, not in the customer’s name.
   
   
2. Customers may use Reward Vouchers or DV or cash to redeem products.
   
   
3. Reward Vouchers or DV are valid as long as the BA account stays valid. They are however not redeemable for cash
   
   

(Q) Cancellation or Exchange of Products Redeemed

Should you want to cancel or exchange a product after making the redemption, you would be charged 10% of the balance payment, excluding the amount of ecVoucher or DV, through manual or auto redemption.

(R) Transfer of Business Centers

Transfers, which can be made on-line, are only permitted when all seven Business Centers are sold or transferred except for 33B and 123 Plans where the BC is a stand-alone. Except for 33B and 123 Plans, transfer is not permitted for an individual Business Center, or partial Business Account under the same BA. Transfer can also be done via SMS, provided conditions are met.

(S) Commission Payment

M7D processes newly confirmed orders and new sales weekly. We pay commissions to qualified customers in the following manner:

1.First-time commissions shall be paid within three weeks of the sales cut-off date.

2. Subsequent commissions shall be paid within two weeks of the sales cut-off date.

a. M7D shall pay commissions with Telegraphic Transfers (TT) directly to your bank account or at your request to your M7D Master/ATM Credit Card Account. Commission release of less than the minimum value of US$250.00 will not be entertained. There will be no administrative charge for commission release of US$250.00 and above.

For 3/3B Plan, the minimum amount of commission released is reduced to US$100.00 if paid into the customer's M7D Master/ATM Credit Card Account.

b. It is your duty to inform us if a commission payment does not reach you within 10 days. If this happens because of an error you made, for example, in giving us your bank’s details, a fee of US$10.00 will be charged for resending the TT.

(T) Transfer Fund

1. As a M7D customer, you are responsible for any funds transferred into or out of your account. Fund can be transfer online or via SMS at a cost of US$0.50 provided conditions are met.
   
   
2. Check your account statement regularly and if you discover that funds have been transferred into or out of your account without your knowledge, inform us within three(3) days of any discrepancy or signs of break-in. Otherwise M7D would not be responsible for any funds missing from your account.
   
   
3. Ensure that you know the customer/s who sells/transfers funds to you from the Transfer Fund option.
   
   
4. M7D will not accept any explanation for inability to locate the customer/s who sold you the funds.
   
   
5. M7D will suspend all accounts involved in the transfer transactions until the full amounts have been recovered by the victim/s.
   
   
6. If the company determines that money has been transferred illegally (unauthorized transfer), we have the right to suspend all the accounts involved in such illegal transfer.
   
   

(U) Auto Purchase

1. Auto purchases are made when ecVouchers are not available for redeeming products.
   
   
2. Auto purchase does not require physical payment. M7D deducts the required amount from the next commission payable.
   
   
3. If you do not have any ecVouchers left, you may choose to purchase a single piece of diamond at half the price of one pair of diamonds. For 3/3B customers, the extra DV can be used to purchase bigger diamonds or products.
   
   

(V) Advertising & Promotion

1. Advertising and promotional activities are the responsibility of the company. Customers shall not advertise M7D products, and shall not use any literature – written or recorded – or any other materials in any promotion that may implicate the company in any way.
   
   
2. Customers may request – in writing – M7D’s authorization of any advertising or promotional exercise they may deem to be strategic to M7D business. If an exercise is approved, the company must review the advertising/promotional materials to be used, and give its written approval for the exercise and the materials.
   
   
3. Customers are fully responsible for all oral and/or written statements made about the products, literature and Customer Reward Program that are not supplied/authorized by M7D. Customers shall indemnify M7D and hold it faultless in any legal liabilities arising from their unauthorized promotional communications.
   
   

(W) Customer Satisfaction Guarantee

All diamonds supplied by M7D are certified by the International Gemological Institute (IGI), and the company guarantees that such certification is genuine.

1. All IGI certificates are serialized. If any customer can prove that a certificate is false or not from IGI, he/she can return the diamond to M7D for an exchange or a full refund. Such proof requires a letter from IGI certifying that it did not issue that particular certificate.
   
   
2. Certification of diamonds world-wide is fundamentally by comparing a diamond with a set of master stones. Techniques may differ slightly among institutions. IGI, the largest independent, recognized certification institution in the world, maintains its unchallengeable, faultless reputation in diamond certification.
   
   
3. Customers accordingly are offered the right of a refund within ten days from the date of receipt of the diamond/s for whatever reason, subject to M7D’s right to exercise reasonable deduction in accordance with reasonable commercial terms with respect to the cash refund. The company’s cancellation provision (see section on Cancellation or Exchange of Products Redeemed) shall remain in force.
   
   

(X) General Business Ethics Policy

1. M7D conducts its business ethically and credibly. It expects its employees, representatives and customers to do likewise. The company’s guiding principles of honesty and integrity drive its employees in their daily activities, and shall drive customers in their dealings with other customers, prospective customers and the company.
   
   
2. Any action that is intended to cause, or which may cause, M7D and/or its customers impairment of reputation, or which is detrimental to the interests of M7D, shall be considered unethical and shall be grounds for termination of the offending customer’s account. Unethical practices include offer of inducement for member(s) of one up-line in one genealogy to cross over to another up-line in another genealogy or offer of discount or inducement to customer(s) resulting in unfair competition for business among leaders and with the country agent.
   
   
3. M7D e-mail and other communications are transmitted to registered customers at their request. The company does not transmit uninvited communications, and condemns Internet spamming – the practice of sending unsolicited e-mail to as many recipients as possible, regardless of their relevance. M7D prohibits employees and customers from using Internet spamming to promote and market its business. The penalties for spamming are the immediate termination of the offending employee’s services or of the offending customer ’s account.
   
   
4. Any complaint by a customer against another must be directed to M7D for investigation. The company’s decision would be final.
   
   

(Y) Termination of Customer

1. Customers may at any time voluntarily cease their business relationship with M7D. Written notice to the company must include a customer’s name, Business Account/s and nationality identification number.
   
   
2. M7D reserves the right to terminate business with any customer who violates any of these Terms and Conditions, or any statutory law in her/his country, and/or regulations that pertain to M7D business. Such termination may result in M7D exercising its right to pursue reasonable legal recourse.
   
   
3. A customer found in breach or violation of any of these Terms and Conditions may be subjected to disciplinary action by M7D. Such action may include limitation of the customer’s right or the outright termination of her/his accounts. Disciplinary action may also include oral and/or written warning, suspension, and forfeiture of commissions and/or bonuses. M7D reserves the right to claim reimbursement from customers for expenses, including legal fees and charges, resulting from the breach or violation.
   
   
4. Out of goodwill, M7D would consider an appeal against such action. Its decision would be final. A customer wishing to appeal against disciplinary action must do so within fourteen days of the date of disciplinary or termination notice, after which the disciplinary or termination action shall be final and conclusive.
   
   
5. In all termination cases, affected customers shall lose all rights to their referred customers, and shall no longer be entitled to the benefits stipulated in the Customer Reward Program or to any compensation from M7D.
   
   
6. A customer or referrer who repeatedly and deliberately manipulates the submission of new sales not in accordance with natural development, and which can result in a burden to the company or negatively impact the well-being of members in general, shall have her/his Business Accounts suspended. This may lead to termination.
   
   
7. A customer or referrer shall face termination if found to be manipulating the placement of BA, or manipulating the confirmation of an order which violates M7D policy that a BA must be confirmed immediately and a password given to a new customer as soon as payment has been received.
   
   
8. It is the duty of every new customer to ask for her/his password from the referrer and to change that password immediately to avoid possible hacking and fraudulent activities. Failure to do so may result in the account being suspended.
   
   

(Z) Customer Database

1. M7D reserves the right to store as its own commercial database all personal and related details that have been submitted by customers. Customers using our SMS Gateway to change ownership, request for Puzzle Password etc. the Personal Profile must be updated using the owner's real name and personal particulars to avoid rejection.
   
   
2. Customers may at any time change and update their details through M7D’s My Virtual Office website (M7D My Virtual Office: Online tools for the customer to fully manage his/her business account, commission receivables, personal details update, personal and group sales activities, bulletin boards, reports from M7D, etc.).
   
   

(ZA) Exclusive Right

1. These Terms and Conditions, with M7D’s Customer Reward Program, constitute the entire understanding of the parties with respect to the subject matter. They may be amended from time to time as the company deems appropriate and reasonable.
   
   
2. The list of customers referred to M7D shall constitute commercially advantageous proprietary assets and trade secrets of M7D, which the company has agreed to hold confidential. Whereas M7D owns the customers list and the business opportunity attendant upon it, the company also reserves the right to work independently with any customer and may use its list at its discretion.
   
   

(ZB) Waiver

1. M7D reserves its right to insist on compliance with these Terms and Conditions, or with any applicable laws governing the conduct of business in the respective countries. Any failure by the company to exercise any rights stated in these Terms and Conditions, or any failure to insist upon strict compliance, shall not constitute a waiver of M7D’s right to demand exact compliance therewith.
   
   
2. It shall constitute an integral part of these Terms and Conditions any Regulation, Instruction, Condition and/or Policies including Country Customers Fund, Diamond Adventure Trip Policy, or any others issued by M7D or that which may be issued/amended from time to time in M7D’s website, releases, bulletins, e-mails and/or any other publication thereof.
   
   
3. Any waiver by M7D can only be effected in contracts or agreements specified in writing by an authorized M7D officer.