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Participant Terms and Conditions

1. Introduction

1.1. These terms and conditions (the Terms) together with the Tracr acceptance form which incorporates these Terms (the Acceptance Form) signed by the entity specified on the Acceptance Form (Participant, you, your) form the agreement (the Agreement) between the Participant and Tracr (as defined below). In the event that there is any conflict between the provisions of the Acceptance Form and the Terms, the provisions of the Acceptance Form shall take precedence.

1.2. The Terms apply to the Participants’ use of the Tracr website and platform, accessible via www.tracr.com and any Tracr authorised sub-domains (the Tracr Platform). Unless any other specific terms and conditions are made available by us, these Terms also apply to any/all services, products and tools made available by Tracr either through the Tracr Platform or through a link or portal provided by us (such services, products and tools, together with the Tracr Platform, are referred to in these Terms as the Services). The Services to which these Terms apply also include any and all of the associated services, functionality, integrations and documentation made available by Tracr.

1.3. The Services are provided by Tracr Limited, a company incorporated under the laws of England and Wales under company number 07816513 with principal place of business at 1 Giltspur Street London EC1A 9DD (Tracr, we, us, our).  Our VAT number is GB243565264.

1.4. Please read these Terms carefully as they set out the basis on which you may access, and/or use the Services and all associated features, content, materials, data and information made available to you by us, (for the avoidance of doubt, excluding any content uploaded by any Participants) (Tracr Content).  Please also see our Privacy Notice (https://www.tracr.com/legal/privacy-policy) which sets out details of how we will process personal information.

1.5. We may revise these Terms at any time by posting a revised version on the Tracr Platform or relevant log-in page for the Services, or by otherwise notifying you by email to the email address associated with your account. Your continued use of the Tracr Platform shall be deemed acceptance of any revised versions of these Terms. It is your responsibility to check the Terms for any modifications. If you do not accept any new Terms we make available then you should not use the applicable Services.

1.6. By executing the Acceptance Form, you are confirming to us that you have read these Terms and that you: will only access and/or use the Services in your capacity as a representative of a business or company (where applicable being the specific legal entity you notified to us as part of any sign-up process required for the applicable Services) and not as a consumer; and agree to be bound by these Terms.

1.7. Where you notify us, as part of any sign-up process, that you are a representative of a particular business or company (for instance, by using your company email address), you warrant that you have the authority to bind the legal entity of such business and/or company to these Terms and that such business and/or company will comply with these Terms.

1.8. To the extent that we have applicable pre-existing rights to use information already provided to an entity in our group by you, this will be used to satisfy KYC requirements.  However, we reserve the right to request additional information to comply with applicable laws and regulations to the extent this is necessary. You shall notify us if any of the information previously provided is now out of date and/or has otherwise changed.

1.9. The following additional terms will also apply, and you agree that you shall comply with such additional terms, depending on which type of Participant you are as specified on the Acceptance Form:

  1. Annex 1: Authorised Producer additional terms;
  2. Annex 2: Manufacturer/Wholesaler additional terms; and‍
  3. Annex 3: Retailer additional terms.

2. Contacting Us

If you would like to contact us for any reason in connection with the Services, including to make a complaint about the Services or anything contained in them, please contact us at contact@tracr.com.

3. Age Limits

The Services are intended to be accessed and/or used by persons who are at least 18 years old.  If you are under 18 years old, please do not access and/or use the Services.  By accessing and/or using the Services, you are confirming to us that you are at least 18 years old.  Your ability to access and/or use the Services may be terminated without warning if we have any reason to believe that you are younger than 18 years old.

4. Platform Operation

4.1 .The Services are used and/or the Tracr Platform may be accessed by the following Participants and other entities in the supply chain:

  1. Authorised Producers: The entities that have signed up to the Tracr Platform which mine the diamonds.
  2. Manufacturers: The entities that have signed up to the Tracr Platform which manufacture the diamonds.
  3. Wholesalers: The entities that have signed up to the Tracr Platform which wholesale the diamonds.
  4. Approved Laboratories: The laboratories that have been approved by Tracr and signed up to terms with Tracr (registered with the Responsible Jewellery Council (RJC)) and that are engaged by Manufacturers/Wholesalers to determine the value of the diamonds and provide inscription services on behalf of the Manufacturers/Wholesalers.
  5. Retailers: The entities that have signed up to the Tracr Platform which sell the diamonds in retail.‍
  6. Authorised Marketplaces: The online retail marketplaces that: (i) have signed up and are bound by the Authorised Marketplace Terms and Conditions; (ii) are approved by Tracr and have obtained the relevant permissions in accordance with the Authorised Marketplace Terms and Conditions; and (iii) have the requisite authentication provided by Tracr.
    Authorised Marketplaces may list a Participant’s diamonds on their online marketplace, in partnership with and engaged by a Participant (and not Tracr) and may display the Diamond Experience (as defined in clause 6) for unlocked diamonds (as detailed in clause 11). For a locked diamond, the Authorised Marketplace can access a basic Diamonds Detail page which will show that the relevant diamond is registered on the Tracr Platform (“Basic Diamond Details”) and can confirm that the stone is registered on Tracr, but is not permitted to share or advertise the Provenance (as defined below) from Tracr, or images and the Tracr Diamond Experience is not available.
  7. Consumers: Customers who purchase diamonds from Retailers and/or Authorised Marketplaces.

4.2. A Participant may perform one or more of the roles listed in clauses 4.1(a)–(g) inclusive above, in which case it shall be bound by all the additional terms relevant for each type of Participant role it performs.

Authorised Producer level

4.3. The Authorised Producer will be responsible for uploading and registering rough diamonds on the Tracr Platform at parcel level and the Authorised Producer shall be responsible for complying with the obligations as set out in Annex 1, and any specific requirements set out in their Acceptance Form. This uploaded data includes provenance of the stones, as inputted by the Authorised Producer (“Provenance”), parcel ID, carat weight and the number of diamonds as well as details of the relevant customer (including customer name and date of sale). At this stage, all rough, pre polished diamonds are unlocked.

Manufacturer/Wholesaler level

4.4. The Manufacturer then registers the rough diamonds they have purchased from the Authorised Producer. Once these Terms have been accepted, the Manufacturer will be able to utilise their dedicated instance of the Tracr Platform. Rough diamonds are then registered by the Manufacturer to the Tracr Platform using Tracr’s data integration tool (Data Integration Tool) or the Tracr API (as defined in clause 11.1).  The Data Integration Tool will check that all mandatory data is provided in the correct formats and check the volume and number of diamonds loaded does not exceed the totals for the parcel number provided. Tracr will then run the parcel check reconciliation report and will communicate any incomplete parcels or inconsistencies.

4.5. Rough stones may be transferred between Manufacturers/Wholesalers, however such transfer will not be visible on the relevant diamond record unless manually inputted by Tracr (which is only done in exceptional circumstances). Each rough stone registered by the Manufacturer will be given a unique reference number (Parent ID), and then when the rough stone is split and then polished, each stone derived from the rough stone will be given a unique identifier for a digital asset attached to a diamond’s record which will be linked to the Parent ID (Tracr ID).  If the rough stone is only polished into one stone rather than split into two or more stones, then the Tracr ID will be the same as the Parent ID.  At this stage, all rough, pre polished diamonds are unlocked.

4.6. If the diamond is on the Manufacturer’s instance of the Tracr Platform, they can update the polished data, for example add images.

4.7. Once the stone is polished, its default status on the Tracr Platform becomes “locked” and the Manufacturer may optionally “unlock” the diamond. Currently, Participants may “unlock” a diamond free of charge, however please note that we reserve the right to charge an Unlock Fee (as defined in the Acceptance Form) which will be charged in order to “unlock” a diamond which we will be introducing in due course and which will be communicated to you. For more details on the unlock functionality, please see clause 5, below. Only the Participant who has the digital diamond record in their inventory can unlock the record.

4.8. It is prohibited to re-use or otherwise associate a Tracr ID with any stone or diamond that is not registered on the Tracr Platform. You must not display Provenance unless Tracr explicitly permit you to do so. Provided that an inscription number has been recorded on Tracr against the polished diamond, and the diamond has been unlocked, the Manufacturer may transfer the diamond to another Participant, as set out in clause 4.10 below.

Grading and inscription

4.9. The Manufacturer records a grading certificate or inscription number from an Approved Laboratory on the Tracr platform. Alternatively, if the Approved Laboratory is integrated with Tracr, Tracr may be able to match the diamond with the Approved Laboratory and receive the diamond grading and inscription information directly from them. Authorised Laboratories cannot advertise or share the Provenance details with others unless the stone is unlocked.

Onward sales

4.10. Onward sales of a polished, unlocked and inscribed diamond may be registered on the Tracr Platform. A Wholesaler may only receive a diamond via transfer on the Tracr Platform if the diamond has been inscribed and unlocked by the Manufacturer. When the Manufacturer or Wholesaler sells a Tracr registered diamond, in order for that transfer to be recorded on the Tracr Platform, the diamond must be unlocked, the purchaser of that diamond must be signed up to Tracr and the selling Manufacturer or Wholesaler must share the digital asset code relating to that diamond with the purchaser. The transfer of ownership of the diamond will then be registered on the Tracr Platform, and that diamond record will move to the purchaser’s Tracr inventory provided the purchaser has accepted the digital shipment. It is the responsibility of the seller to share the digital asset code with the purchaser for the diamond(s) they have sold to them and the responsibility of the purchaser to accept the digital shipment within 30 days of receipt of the digital asset code, and Tracr has no liability in respect of this. If a diamond is sold before the purchaser is fully registered on Tracr, if the digital shipment is not accepted, or if the diamond remained locked, the transfer will not be able to be registered. For the avoidance of doubt, Tracr shall have no liability for any delay in transfer registration and provides no guarantee that a purchaser who is a Non-Participant (as defined in clause 6.3.2) when they purchase Tracr registered diamonds, will be admitted as a Tracr Participant.

4.11. A Participant’s “Inventory Management Screen” on the Tracr Platform displays diamonds uploaded to the Tracr Platform that are in the possession of that Participant (provided that the appropriate transfer recording steps have been carried out by the Participants in accordance with the above). Manufacturers, Wholesalers and Retailers can utilise the “Inventory Management Screen” on their instance of the Tracr Platform to view their inventory and see what information has been loaded against the diamonds in their inventory and their origin.

4.12. Participants shall ensure that, at the point of inscription, the Approved Laboratory verifies that such diamonds that are registered on the Tracr Platform are natural.

4.13. Any claims made pursuant to clause 8 and details relating to a diamond (including its sold/available status) must always be checked by verifying such claims/details on the Tracr Platform and linked to a valid inscription.
The De Beers Institute of Diamonds Origin Service (Origins)

4.14. Participants may sign up to The De Beers Institute of Diamonds Origin Service (“Origins”) and provide Tracr IDs to Origins. Origins may then share such Tracr IDs with The De Beers Institute of Diamonds (“IOD”). IOD will get the traceability data from Tracr through Tracr’s Grading Integration Service, grade and/ or inscribe the stone and share this data back with Origins. Any locked stones will continue to be locked at this point. 

4.15. By sharing your Tracr ID in accordance with clause 4.14 and by using Origins and/or any other third party provenance services, you acknowledge and agree that:

4.15.1 Tracr may provide your related stone data to Origins and/or other third party provenance services; and

4.15.2 you will be charged the relevant Unlock Fee for these stones. 

5. Unlock functionality

5.1. Unlocking stones, by paying the Unlock Fee, can provide additional functionality and features in respect of such stone:

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