Harry Winston Diamond Corporation
Web Site Terms and Conditions of Use

Thank you for visiting this Web site (this “Site”), which is provided by Harry Winston Diamond Corporation and its affiliated companies (collectively “Harry Winston Diamond Corporation” or the “Company”).
 
Your access to and use of this Site is subject to the following terms of use (“Terms and Conditions”), our Privacy Policy, which is hereby incorporated by reference, other notices posted on the Site, and all applicable laws and regulations.  Please read these Terms and Conditions carefully before accessing and using this Site.

By accessing and using this Site, you signify your acceptance, without limitation or qualification, of these Terms and Conditions, and acknowledge that any other agreements between us are hereby superseded with respect to the subject matter of these Terms and Conditions.  If you do not agree to and accept these Terms and Conditions, you are not authorized to use the Site, and you must exit the Site.

We may revise these Terms and Conditions of Use from time to time and without notice the revised Terms and Conditions will take effect as of the date of posting.  If you use the Site after these changes become effective, it will signify your agreement to be bound by the changes.  We recommend that you visit this page periodically to review the current Terms and Conditions that apply to you.  For your convenience, the date of the last update to these Terms and Conditions appears at the bottom of this document.

Currency of Website
The Company updates the information on this Site regularly. However, such information is not intended to be a comprehensive review of all matters and developments concerning the Company and the Company does not guarantee the accuracy, currency or completeness of the information and assumes no responsibility in this regard.

Ownership of Content and Trademarks
We have created this Site to provide information about our Company, and the products and services we offer.  This Site and all of its content, including, without limitation, all text, images, photographs, illustrations, icons, video clips, audio clips, written and other materials (collectively, the “Content”) are owned and copyrighted by us or licensed to us from third parties.  Furthermore, all trademarks on this Site, whether registered or unregistered, are owned by us or licensed to us or used under license from third parties.  The trademarks of others that are referenced in this Site are used for identification purposes only.  Except as provided in these Terms and Conditions, your use of any Content or trademarks without the written permission of the relevant Content or trademark owner is strictly prohibited.   Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws, or applicable foreign laws, rules, regulations and treaties. You are advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, which may include seeking criminal prosecution.  Nothing contained in this Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademarks displayed on this Site without our prior written permission or the third party who owns such trademarks.

1. You may download and use the Content solely for your noncommercial, personal use, provided that you do not modify, delete or change any copyright, trademark, or other proprietary notices on or relating to the Site, including, without limitation, notices on any Content you transmit, download, display or reproduce from the Site.  No licenses or rights in the Content, expressed or implied, are granted by these Terms and Conditions, which rights are hereby reserved.

2. Except as set forth above, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, sell, reproduce, distribute, modify, copy, transmit, display, reuse, reproduce, publish, license, create derivative works from or based on, transfer, sell, publicly perform, report or otherwise use Content without the express prior written consent of the Company or the copyright or trademark owner of the Content if the Company is not the owner..  Publishing or reproducing includes any uploading, downloading or accessing information on this Site onto the Internet or any other local or international computer system.

3.To a limited extent you are permitted to post or upload information or data to the Site. However, you are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to a civil liability, violate any law or otherwise violate the rights of any person or company.

4.You are prohibited from using the Site to advertise or perform any commercial solicitation. 

5.If you violate any of these Terms and Conditions, your permission to use this Site and the Content will automatically terminate and you must immediately destroy any and all copies you have made of the Content.  Any unauthorized use of the Content by you may violate copyright laws, trademark laws, the laws of privacy, publicity and personality rights, and/or communications regulations and statutes.

Your Submissions
Any personally identifiable information you transmit or upload to the Site will be treated by Harry Winston Diamond Corporation in accordance with its Privacy Policy. 

Product Descriptions
Some products that we sell may appear smaller or larger than their image displayed on the Site. The color and size of the display of a product may vary depending on the type of computer monitor you use and its settings.
 
Disclaimer of Warranties
THIS SITE AND ALL THE CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU “AS IS,” “WHERE-IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,” AND WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, OR ACCURACY, RELIABILITY AND TIMELINESS.  ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE AND ALL CONTENT ARE HEREBY DISCLAIMED.  WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONAL ASPECTS OF THE SITE WILL BE ERROR FREE OR THAT THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER POSSIBLY HARMFUL ELEMENTS.  Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK.  NEITHER HARRY WINSTON DIAMOND CORPORATION NOR ANY OF ITS SUBSIDIARIES AFFILIATES, PARENT, SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, REPRESENTATIVES OR AGENTS ARE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS OR LOST DATA, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR USE OF THE CONTENT ON THIS SITE  INCLUDING WITHOUT LIMITATION ANY INACCURACY OR OMISSION IN SUCH CONTENT OR FAILURE TO KEEP THE CONTENT CURRENT OR THE USE OF ANY THIRD PARTY WEBSITES LINKED TO THIS SITE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.  Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.

Cautionary Language Regarding Forward-Looking Statements
Information contained or incorporated by reference on this Site that is not current or historical factual information may constitute forward-looking information or statements within the meaning of applicable securities laws.  In some cases, forward-looking information can be identified by the use of terms such as “may”, “will”, “should”, “expect”, “plan”, “anticipate”, “appears”, “believe”, “intend”, “estimate”, “predict”, “potential”, “continue”, “objective” or other similar expressions concerning matters that are not historical facts. Forward-looking information may relate to management’s future outlook and anticipated events or results, and may include statements or information regarding plans, timelines and targets for construction, mining, development, production and exploration activities at the Diavik Diamond Mine, future mining and processing at the Diavik Diamond Mine, projected capital expenditure requirements and the funding thereof, liquidity and working capital requirements and sources, estimated reserves and resources at, and production from, the Diavik Diamond Mine, the number and timing of expected rough diamond sales, expected diamond prices and expectations concerning the diamond industry and the demand for luxury goods, expected cost of sales and gross margin trends in the mining segment, and expected sales trends and market conditions in the retail segment.  Users to this Site are cautioned that actual results are subject to a number of risks and uncertainties, including risks relating to general economic conditions and mining and retail operations, and could differ materially from the forward-looking information.  Forward-looking information is based on certain factors and assumptions regarding, among other things, mining, production, construction and exploration activities at the Diavik Diamond Mine, world and US economic conditions and the worldwide demand for luxury goods. Specifically, in making statements regarding expected diamond prices and expectations concerning the diamond industry and expected sales trends and market conditions in the retail segment, the Company has made assumptions regarding, among other things, continuing recovery of world and US economic conditions and demand for luxury goods. Forward-looking information is subject to certain factors, including risks and uncertainties, which could cause actual results to differ materially from what we currently expect. These factors include, among other things, the uncertain nature of mining activities, including risks associated with underground construction and mining operations, risks associated with joint venture operations, risks associated with the remote location of and harsh climate at the Diavik Diamond Mine site, risks associated with regulatory requirements, fluctuations in diamond prices and changes in US and world economic conditions, the risk of fluctuations in the Canadian/US dollar exchange rate, cash flow and liquidity risks, risks relating to the Company’s expansion strategy and competition in the luxury jewelry segment as well as changes in demand for high end luxury goods.   Readers/viewers are cautioned not to place undue importance on forward-looking information, which speaks only as of the date of which the forward-looking information is made, and should not rely upon this information as of any other date. While the Company may elect to, it is under no obligation and does not undertake to, update or revise any forward-looking information, whether as a result of new information, future events or otherwise at any particular time, except as required by law. Additional information concerning factors that may cause actual results to materially differ from those in such forward-looking statements is contained in the Harry Winston Diamond Corporation’s filings with Canadian and United States securities regulatory authorities and can be found at www.sedar.com and www.sec.gov, respectively.  Harry Winston Diamond Corporation disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

Cautionary Note to U.S. Investors
The Company is organized under the laws of Canada. The mineral reserves and resources described in this Site are estimates and have been prepared in compliance with National Instrument 43-101 of the Canadian Securities Administrators (“NI 43-101”). The definitions of proven and probable reserves used in NI-43-101 differ from the definitions in the United States Securities and Exchange Commission (“SEC”) Industry Guide 7.  In addition, the terms “mineral resource”, “measured mineral resource”, “indicated mineral resource” and “inferred mineral resource” are defined in and required to be disclosed by NI 43-101; however, these terms are not defined terms under SEC Industry Guide 7, and normally are not permitted to be used in reports and registration statements filed with the SEC. Accordingly, information contained in this Site containing descriptions of the Diavik Diamond Mine’s mineral deposits may not be comparable to similar information made public by US companies subject to the reporting and disclosure requirements under the United States federal securities laws and the rules and regulations thereunder. United States readers/investors are cautioned not to assume that all or any part of measured or indicated mineral resources will ever be converted into mineral reserves.  United States readers/investors are also cautioned not to assume that all or any part of an inferred mineral resource exists, or is economically or legally mineable. U.S. investors are urged to consider closely the disclosure in the Company’s most recently filed annual report on Form 40-F. You can review and obtain copies of these filings from the SEC's website at www.sec.gov. 

Third Party Content
This Site may offer you links to other web sites that are owned or operated by third parties.  Such links are provided for your convenience only.  If you link to any of these sites, you do so at your own risk.  We do not control, and are not responsible for, the content or privacy practices of such sites.  In particular, we do not assume any responsibility for the completeness or accuracy of information which is contained on Diavik Diamond Mine Inc.’s website concerning the Diavik Diamond Mine but which is not otherwise expressly provided on this Site or in Harry Winston Diamond Corporation's own reports and releases linked through this Site. The inclusion of any link to such sites does not imply our endorsement of such sites or any products or services available on such sites.

Stock Quotes
Market data is provided by Interactive Data for information purposes only, and is not intended for trading purposes. The Company shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon. Quotes are delayed 20 minutes or longer.

Termination
We may terminate your use of the Site for any reason, in our sole discretion, with or without notice to you.  You also agree that we may modify or discontinue this Site, with or without notice to you, and that we will not be liable to you or any third party as a result of such modification or discontinuation. The provisions of these Terms and Conditions and the Privacy Policy, including, without limitation, any warranties and limitations of liability listed herein shall survive any such termination.

Representation
You represent and warrant that you are at least eighteen years of age. You warrant that you will use this Site in accordance with these Terms and Conditions and all applicable laws and regulations.

Harry Winston Diamond Corporation’s Policy On Unsolicited Idea Submissions
Harry Winston Diamond Corporation or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing plans, new product names, new promotions, new or improved products or technologies, product designs, enhancements, processes or materials. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to the Company or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when the Company’s products, designs, advertising or marketing strategies might seem similar to ideas submitted to the Company. The Company depends on its employees and consultants for ideas involving new designs, products and improvements to existing products, advertising, promotion and marketing strategies. These employees and consultants have firmly-established legal relationships with the Company. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter, email or call says, the following terms shall apply to your submissions:

Terms of Idea Submission
You agree that: (1) your submissions and their contents will automatically become the property of the Company, without any compensation to you; (2) the Company may use, modify or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for the Company to review the submission; and (4) there is no obligation to keep any submissions confidential.