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Terms of Use for Diamond Lab

DiamondLab logo

These terms and conditions govern your use of this website, www.DIAMOND-LAB.com.au; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

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Diamond Lab reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication.

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Use of website

Unless otherwise stated, Diamondlab.com.au and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not: * republish material from this website (including republication on another website); * sell, rent or sub-license material from the website; * show any material from the website in public; * reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; * redistribute material from this website.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Diamond Lab's express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Diamond Lab's express written consent.

Registration to use the ant of the Services

  1. In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

    • Email address

    • Full Name

    • Postal address

    • Phone number

    • Password

  2. You warrant that any information you give to Diamond Lab in the course of completing the registration process will always be accurate, correct and up to date.

  3. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

  4. You may not use the Purchase Services and may not accept the Terms if:

    • you are not of legal age to form a binding contract with Diamond Lab; or

    • you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

Registration to use the ant of the Services

As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:

  • the Terms;

  • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

  • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

  • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Lavana of any unauthorised use of your password or email address or any breach of security of which you have become aware;

  • access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Lavana providing the Purchase Services;

  • you will not use the Purchase Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

  • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Diamond Lab for any illegal or unauthorised use of the Website; and

  • you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

Pricing

Data, including prices, may be inaccurately displayed on our Site 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 cancel the order and notify you of such cancellation. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause.

Description of Goods

  • All diamond carat weights and sizes are approximate, with total weight may varying 0.04 carats from stated weight.

  • Items on the Diamond Lab website may appear larger or smaller than their actual size. Colour and size may vary when viewing product photography.

Limitations of liability

  • Diamond Lab will not be liable to you (whether under the law of contact, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: * to the extent that the website is provided free-of-charge, for any direct loss; * for any indirect, special or consequential loss; or * for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

  • These limitations of liability apply even if Diamond Lab has been expressly advised of the potential loss.

Copyright and Intellectual Property

  • The Website, the Purchase Services, jewellery designs and all of the related products of Diamond Lab are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Diamond Lab or its contributors.

  • Diamond Lab retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

  • the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of Diamond Lab; or

  • the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or

  • a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

  • You may not, without the prior written permission of Diamond Lab and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in  public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Indemnity

  • You agree to indemnify Diamond Lab, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

  • any breach of the Terms.

Termination of Contract

The Terms will continue to apply until terminated by either you or by Diamond Lab as set out below.

If you want to terminate the Terms, you may do so by:

  • notifying Diamond Lab at any time; and

  • closing your accounts for all of the Purchase Services which you use, where Diamond Lab has made this option available to you.

    Your notice should be sent, in writing, to Diamond Lab via the ‘Contact Us’ link on our homepage.

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Diamond Lab may at any time, terminate the Terms with you if:

  • you have breached any provision of the Terms or intend to breach any provision;

  • Diamond Lab is required to do so by law;

  • the partner with whom Diamond Lab offered the Purchase Services to you has terminated its relationship with Diamond Lab or ceased to offer the Purchase Services to you;

  • Diamond Lab is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or

  • the provision of the Purchase Services to you by Diamond Lab is, in the opinion of Diamond Lab, no longer commercially viable.

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Subject to local applicable laws, Diamond Lab reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Diamond Lab’s name or reputation or violates the rights of those of another party.

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When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Diamond Lab have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Governing Law

The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising  out of or  in  any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties here to and their successors and assigns.

Excemptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Diamond Lab's liability in respect of any: * death or personal injury caused by Diamond Lab's negligence; * fraud or fraudulent misrepresentation on the part of Diamond Lab; or * matter which it would be illegal or unlawful for Diamond Lab to exclude or limit, or to attempt or purport to exclude or limit, its liability.

General Disclaimer

  1. You acknowledge that Diamond Lab does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

  2. Diamond Lab will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

  3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

  4. Subject to this clause, and to the extent permitted by law:

    •  all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

    •  Diamond Lab will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising  out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

  5. Use of the Website, the Purchase Services, and any of the Products of Diamond Lab is at your own risk. Everything on the Website, the Purchase Services, and the Products of Diamond Lab, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Diamond Lab make any express or implied representation or warranty about its Content or any products or  Purchase Services (including the products or Purchase Services of Diamond Lab) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

    • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;

    • the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

    • costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

    • the Content or operation in respect to links which are provided for the User’s convenience;

    • any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

    • any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

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