Terms and Conditions
By browsing, accessing or otherwise using this website or any data or content from this website, you agree to be irrevocably and unconditionally bound by these Terms and Conditions.
- No Warranty
(a) Affinity Diamonds Pty Ltd and its contractors are responsible for maintaining this website and all publications, content, data or the like uploaded on this website and make no warranty as to the accuracy or reliability of the information contained therein. This extends to any content, data or information generated or uploaded to this website by or on behalf of Affinity Diamonds and/or any third party and/or any user or subscriber to this website.
(b) Affinity Diamonds, its associated entities, related entities, officers and employees are not liable or responsible for any loss or damage which may be caused to any recipient by directly or indirectly relying on anything contained in or omitted from our website or any information or data contained therein.
(c) You acknowledge that you access this website at your sole and absolute risk and by accessing this website you expressly and irrevocably release Affinity Diamonds from any and all liability which may accrue as a direct or indirect result of your access and access to this website and reliance upon any data or information therein.
(a) By browsing, accessing or otherwise using this website, you warrant and agree that you must not and will not:
(i) use any device, software, hardware, process or any other technology of any means to access, retrieve, scrape or index this website or any information, content or data contained therein;
(ii) interfere with the operation of this website by any means, through any technology or through any third party;
(iii) cause excessive and burdensome internet traffic to this website or the Affinity Diamonds infrastructure;
(iv) use any data, information or content of this website to compete with Affinity Diamonds in any capacity whatsoever, whether by website or otherwise;
(v) violate any proprietary rights, property rights, copyrights, privacy or intellectual property rights of Affinity Diamonds or any other person;
(vi) violate these Terms and Conditions or any New South Wales or Australian law, regulation, requirement or code of conduct;
(vii) solicit any unauthorised financial benefit from any other user of this website;
(viii) copy, reproduce, retransmit, create derivate works, sell or display or in any way exploit this website without the prior express written authorisation of Affinity Diamonds.
(b) You acknowledge that if you fail to adhere to the restrictions set out in clause 2(a) above, Affinity Diamonds may proceed with any of the following actions against you:
(i) reporting your conduct to Australian or New South Wales regulatory officials such as the New South Wales Police Force or the Australian Federal Police;
(ii) institute technological barriers however Affinity Diamonds deem necessary;
(iii) commence Court proceedings seeking damages from you; or
(iv) commence Court proceedings seeking injunctive and/or declaratory relief against you.
(c) You must indemnify Affinity Diamonds and its related associated entities from any loss suffered as a direct or indirect result of your contravention of clause 2(a) including but not limited to damages, costs, legal expenses, disbursements, fees, charges and the like.
- Copying of Data
(a) This clause is subject to the Copyright Act 1968 (Cth) and nothing in this clause is intended to affect or alter the operation of the Copyright Act 1968 (Cth). In the event of an inconsistency between this clause and the Copyright Act 1968 (Cth), the Copyright Act 1968 (Cth) shall prevail to the extent of that inconsistency.
(b) All content included on this website, including but not limited to data, information, content, material, text, images, audio, videos, logos, button icons, is the intellectual property of Affinity Diamonds, its associated entities or related entities or its third-party content suppliers. Use of this website does not transfer any intellectual property rights or copyrights to the user.
(c) Affinity Diamonds grants users of this website revocable permission to download copyright material on this website for their own personal use provided that such use is non-commercial and not to obtain any financial benefit whilst excluding Affinity Diamonds.
(d) You must not reproduce, copy or alter information, data or content contained on this website without the prior express written authority of Affinity Diamonds.
- Third Party Content
(a) You acknowledge that this website may from time to time contain information, data and content uploaded by third parties (Third Party Content).
(b) Affinity Diamonds does not in any way monitor the Third Party Content on this website and makes no warranty as to the accuracy of such Third Party Content. For that purpose, Affinity Diamonds is not liable or responsible for any matters pertaining from the Third Party Content whether directly or indirectly.
(c) You rely upon Third Party Content on this website at your sole and absolute risk and you acknowledge that Affinity Diamonds makes no express or implied representations as to the Third-Party Content or the accuracy thereof.
(d) You are responsible for making your own independent enquiries in respect of the Third-Party Content on this website. You acknowledge that the Third-Party Content does not necessarily represent the view of Affinity Diamonds.
(e) You release and hold harmless Affinity Diamonds from any and all liability arising from any Third-Party Content on this website.
(a) Affinity Diamonds is entitled to, at its sole and absolute discretion, upload and include advertisements and links to third party material (such as contact details of users) and other third-party websites on this website.
(b) Such third-party material and third-party websites are not part of this website and are not controlled by Affinity Diamonds by any means whatsoever. Affinity Diamonds makes no warranty or express or implied representations as to the accuracy or reliability of the third-party material and third party websites or any information, data or material contained therein.
(c) You acknowledge that you access such third-party material and third-party websites at your sole and absolute risk. For that purpose, Affinity Diamonds is not liable or responsible for any matters or liability pertaining from the third-party material and third party websites and you agree to release Affinity Diamonds from such liability.
- Uploading Data
(a) By subscribing to Affinity Diamonds, you may be entitled to upload material, information, data, content, text, images, video, audio or the like with the approval of Affinity Diamonds (uploaded data). Affinity Diamonds may reject any request by you to upload any uploaded data to this website at its sole and absolute discretion.
(b) You expressly warrant that the uploaded data is not:
(i) in contravention of any law, regulation, code of conduct or requirement imposed by any authority;
(ii) in contravention of copyright or the intellectual property rights of any third party;
(iii) misleading or deceptive;
(iv) inappropriate noting the purpose of this website;
(v) materially incorrect;
(ix) maliciously false;
(xii) likely to damage the reputation of Affinity Diamonds; or
(xiii) likely to damage or adversely affect the operation of this website.
(c) You expressly warrant that the uploaded data is:
(i) owned and controlled by you, including any rights in the uploaded data;
(ii) able to be lawfully displayed by Affinity Diamonds on this website;
(iii) lawfully obtained by you, including obtainment of all necessary licences, rights, consents and permissions required to use the uploaded data
(d) In the event that you contravene clauses 6(b) or 6(c), you agree and acknowledge that:
(i) Affinity Diamonds may remove, alter, delete or disable the uploaded data at its sole and absolute discretion;
(ii) you indemnify Affinity Diamonds and its related and associated entities from any loss suffered as a direct or indirect result of your contravention of clause 6(b) and/or 6(c) including but not limited to damages, costs, legal expenses, disbursements, fees, charges and the like.
(e) You grant you grant Affinity Diamonds a global, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display your uploaded data through any medium, whether currently in existence or not.
(f) Affinity Diamonds is not liable to you for any loss which may be occasioned by use of your uploaded data by a website user. You acknowledge that you upload data to this website at your sole and absolute risk.
- Availability of Products
(a) From time to time, Affinity Diamonds may make a product(s) (Product) available for you to place in your shopping cart on this website (Your Order). You acknowledge that Your Order is subject to the Product’s availability and if the product(s) becomes unavailable, Your Order may be cancelled as a result, even in circumstances where you have received an order confirmation and/or a confirmation of shipping from Affinity Diamonds (Cancelled Order).
(b) Any monies paid for a Cancelled Order will be refunded to you, provided that you have not received the Product.
- Payment for Products
By entering your payment information, you acknowledge and consent to any third-party payment processor used by Affinity Diamonds charging the credit card details you enter onto the website for the amount of Your Order.
- Product Pricing
(a) Affinity Diamonds will use its reasonable endeavours to ensure that any price indicated for a Product is accurate and without error. In the event that a price listed for a Product is incorrect or erroneous (Incorrectly Priced Product), Affinity Diamonds reserve the right to rectify any prices on the website at its sole and absolute discretion and without any notice to you.
(b) If an Incorrectly Priced Product has been added to Your Order, Affinity Diamonds may in its sole and absolute discretion cancel Your Order or contact you for further instructions.
(c) If an Incorrectly Priced Product has been shipped to you, you agree that Affinity Diamonds may direct you to either:
(i) pay Affinity Diamonds the difference between the actual price for the product and the price you paid for the product, within 10 business days of receiving notice from Affinity Diamonds of same; or
(ii) return the Incorrectly Priced Product to Affinity Diamonds.
- Product Shipping
(a) You agree and acknowledge that a specified delivery fee will be added to Your Order to cover any costs and fees for the delivery of the Product. The delivery fee will be notified to you at the time of placement of Your Order.
(b) Your Order will only be processed between Mondays to Fridays and may take between one (1) to two (2) weeks, however the actual timing of delivery is always subject to and dependent on the Product, availability of goods and labour and any events outside of our control.
(c) You agree and acknowledge that all orders will require a signature upon delivery and that PO Box addresses will not be accepted.
(d) You may verify the status of Your Order by contacting our customer service team on [firstname.lastname@example.org] between 9:30AM–5:30PM Monday through Friday, AEST.
- Product Returns
- Subject to the satisfaction of the conditions listed in term 11(b) below, if you are unhappy with the Product purchased by you due to change of mind, you may request a credit or exchange for the Product from Affinity Diamonds.
- In order for Affinity Diamonds to be able to provide you with a credit or exchange for the Product:
- you must contact Affinity Diamonds within fourteen (14) days from the date the Product is confirmed to be delivered to you;
- the Product must be in its original packaging; and
- the Product must not have any damage or any signs of use.
- If the Product does not satisfy the above conditions listed in term 11(b) above, Affinity Diamonds reserves the right to reject your request in its sole and absolute discretion for a credit or exchange in return for the Product.
(a) You expressly warrant that:
(i) you agree to be irrevocably and unconditionally bound by these Terms and Conditions;
(ii) your use of this website is conditional upon compliance with these Terms and Conditions; and
(iii) you acknowledge that the Product is provided on an “as-is” basis without any further warranties of any kind by Affinity Diamonds.
(b) Except for any applicable non-excludable consumer guarantees, rights or warranties under the Australian Consumer Law, Affinity Diamonds gives no guarantees and makes no warranties as to the condition of the goods supplied to you.
(c) To the extent that a consumer guarantee applies under the Australian Consumer Law, the liability of Affinity Diamonds for breaches of any consumer guarantees are limited, to the repair or replacement of the Product.
(d) In the event you notice any defect or fault of the Product which render the product non-compliant with the non-excludable guarantees under the Australian Consumer Law, you must contact Affinity Diamonds within fourteen (14) days from the date the Product is confirmed to be delivered to you with sufficient details regarding the alleged defect or fault, including photographic evidence.
(e) Affinity Diamonds will not be liable for any defect, fault or damage to the Product of any nature whatsoever:
(i) in respect of which notice was not provided in accordance with clause 12(d), or
(ii) resulting from or caused or contributed to in any way by:
(A) you failing to properly maintain or store the Product after delivery;
(B) you using the Product for any purpose other than that for which the goods were designed;
(C) you continuing to use the Product after any defect became apparent or ought to reasonably have become apparent;
(D) you failing to follow any instructions or guidelines provided by Affinity Diamonds;
(E) fair wear and tear;
(F) any accident, intentional damage, negligent damage or Force Majeure.
(f) For the purposes of this clause, “Force Majeure” means an event or circumstance which is beyond the control and without the fault or negligence of the party affected and which by the exercise of reasonable diligence the party affected was unable to prevent provided that event or circumstance is limited to the following:
(i) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not) acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority;
(ii) ionising radiation or contamination, radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component; and
(iii) epidemics, pandemics, national health emergencies, earthquakes, flood, fire or other physical natural disaster, including adverse weather conditions.
- General Indemnity
(a) It is an essential term of these Terms and Conditions that you must indemnify Affinity Diamonds, its related and associated entities, its officers and its employees for any loss or damage arising out of, whether directly or indirectly, your use of and access to this Website and any contravention of these Terms and Conditions.
(b) The indemnity provided in clause 12(a) is a continuing indemnity and continues notwithstanding your cessation of use of this website.
No term or condition of these Terms and Conditions has the effect of replacing, overriding, or otherwise removing, your statutory rights.
- Amendments or Variations
Affinity Diamonds may, from time to time, make changes to these Terms and Conditions, or to specific functions of this website. It is your responsibility to monitor these Terms and Conditions from time to time to ensure that you remain compliant with what is required from you when using this website or otherwise. Changes to these terms and conditions will be effective immediately upon publishing on this website.
If any term or condition of these Terms and Conditions are deemed invalid, void, or unenforceable for any reason whatsoever, that term or condition will be deemed severable and will not affect the overall validity and enforceability of the remainder of the Terms and Conditions.
Affinity Diamonds reserves its right to terminate or suspend your access to the website, and shall not be required to provide you with any reasons why it has suspended or terminated your access. However, generally, such suspension or termination will only occur if you are found to be in serious violation of any of these Terms and Conditions
- Governing Law
(a) You irrevocably agree that by using this Website and subsequently, your acceptance of these Terms and Conditions, that these Terms and Conditions are governed by and construed in accordance with the laws of New South Wales and Australia.
(b) You agree, to submit to the non-exclusive jurisdiction of the Courts of New South Wales and Australia.
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