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terms and conditions

1. Introduction

• Please read these Terms and Conditions carefully before using the website operated by Hot Diamonds Jewellery Pty Ltd. In particular, we draw your attention to paragraphs 6 (Applicability of online materials) and 10 (Liability).
• Without prejudice to the above, by using or accessing our website, you agree to be legally bound by these Terms and Conditions of use as they apply to your use of or access to our website.
• If you do not wish to be bound by these Terms and Conditions then you may not use our website.

2. Nature of our Website

• Our website is a place for you to view our goods and services ('the Products'). Details of the Products and details of the sellers or providers of these Products are, as required by law, shown on our website next to each Product. Products are sold subject to the terms and conditions imposed by the seller of that particular Product. In the event of any conflict between the terms and conditions of sale of the seller and these Terms and Conditions, the terms and conditions of the seller shall prevail. By using this site you acknowledge the contract for sale and purchase of the Product in question is exclusively a contract between yourself and the seller of that Product.
• Please note that the contents of our website are aimed at users aged 16 years and above.

3. Modifications to Website

• We reserve the right to alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless stated otherwise, any new features including new content, and/or the sale of new Products shall be subject to these Terms and Conditions.

4. Information you Provide

• The following applies to any information you provide to us, for example during any registration process:
  • you authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us or our sub-contractors. If you send us personal correspondence such as e-mails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and all in our privacy policy shall be known as 'the Purposes'). All such information collected by us shall be referred to in these Terms and Conditions as 'Personal Information';
  • you must ensure that the Personal Information you provide is accurate and complete and that all registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy.
• Processing and disclosure rights
  • By accepting these Terms and Conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our website, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should e-mail us at sales@hot-diamonds.com.au

5. Security

• You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify Hot Diamonds Group immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.

6. Applicability of Online Materials

• Personal Use
  
  • Unless otherwise stated, text on our website is presented solely for your private, personal and non-commercial use.
• No Copying
  
  • You may not download, print or store any such material or send or show any copy thereof to anyone who is not a fellow employee or a member of your immediate family or friends. In the event of any breach of this term:
    
    • You will be liable to indemnify Hot Diamonds Jewellery Pty Ltd and any of its suppliers against any damage (including costs on an indemnity basis) which they or any of them may suffer as a result of such breach; and
    • You may be denied any further use of our website.
• Third Party Materials
  
  • Our website is controlled and operated by us from our offices in Hawthorn, Australia. Where content published on the website is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it. This will not affect any rights which you may have under warranties or otherwise against the manufacturers or suppliers.
• Compliance with Law
  
  • We have used our best endeavours to ensure that our website complies with Australian law. However, we make no representations that the materials on our website are appropriate or available for use in locations outside Australia.

7. Copyright and Monitoring

• The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Hot Diamonds Jewellery Pty Ltd or other third party licensors. All product and company names and logos mentioned in our website are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of using our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.

8. Linking [and Use of Cookies]

• Linked Sites
  
  • Hot Diamonds Jewellery Pty Ltd makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from Hot Diamonds Jewellery Pty Ltd and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that Hot Diamonds Jewellery Pty Ltd endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
• No Linking to or Extraction of Data or Other Information from Hot Diamonds Jewellery Pty Ltd
  
  • Any linking to, deep linking to, or extraction from the Hot Diamonds Jewellery Pty Ltd site without the written consent of Hot Diamonds Jewellery Pty Ltd in hard copy with original signature by a director of Hot Diamonds Jewellery Pty Ltd is strictly prohibited.
• Penalty
  
  • Without prejudice to the generality of the foregoing sub-paragraph 8.b any third party contravening the provisions of sub-paragraph 8.b shall be liable for liquidated damages to Hot Diamonds Jewellery Pty Ltd for the aggregate of twice the value of any goods sold as a result of such unauthorised activity and all costs incurred by Hot Diamonds Jewellery Pty Ltd whatsoever in researching and dealing with the relevant breach of these Terms and Conditions.
• Use of Cookies
  
  • As a result of viewing this website some information may become stored upon your computer. This information may be in the form of a 'cookie' or similar file which may help Hot Diamonds Jewellery Pty Ltd in many ways for instance to improve the content of the website or to improve the matching of users interests or preferences. If you do not want a cookie to be stored in your computer, most Internet browsers have functions to erase cookies from the computer's hard drive or to block all cookies or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie but by accessing our website you consent to Hot Diamonds Jewellery Pty Ltd use of any information gathered for the purposes mentioned above.

9. Availability of our Website

• We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.

10. Liability

• Seller's Warranties
  
  • All Products you purchase from our website irrespective of whether we are the seller or not will be covered by such guarantees and warranties as are provided by the manufacturer/producer/provider of the Product and we accept no liability for them. All other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Products, our website or any information or service provided through our website are strictly excluded. We will do our best to ensure that all materials and information published on our website are accurate, but please note that all materials and information on our website are provided on an 'as is' basis.
• Exclusion of Liability
  
  • In relation to the purchase of Products, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Hot Diamonds Jewellery Pty Ltd or our servants, agents or any other person.
• Limit of Liability
  
  • If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.
• User's Responsibilities
  
  • You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
• Legal Limitations
  
  • The limitations and exclusions in this clause only apply to the extent permitted by applicable law.

11. General

• Alterations
  
  • We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.
• Entire Agreement
  
  • These Terms and Conditions together with the seller's terms and conditions, any order form and payment method instructions, if any, are your whole agreement in relation to Hot Diamonds Jewellery Pty Ltd and any Product and you understand that any agreement to order or purchase Products from or through our website will be an agreement between you and the seller of such Products. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by Hot Diamonds Jewellery Pty Ltd or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the relevant terms and conditions, order form and payment method instructions.
• Illegality
  
  • If any provision or term of these Terms and Conditions shall become or be declared illegal, unlawful, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them.
• Jurisdiction
  
  • These Terms and Conditions and your use of our website are governed by Australia law and you submit to the non-exclusive jurisdiction of the Australian court.
• Causes beyond Control
  
  • Neither you nor Hot Diamonds Jewellery Pty Ltd will be held liable for any failure to perform any obligation to the other due to causes beyond your or Hot Diamonds Jewellery Pty Ltd’s respective reasonable control.
• No Waiver
  
  • Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.

12. Notices

• All notices shall be given:
  
  • to us via e-mail at sales@hot-diamonds.com.au; or
  • to you at either the e-mail or postal address you provide during any registration process.
• Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

13. Replacement

• These terms and conditions replace all other Terms and Conditions previously applicable to the use of our website.