Diamon Holdings Pty Ltd (ABN 71 650 666 685) (Diamon Holdings) provides technology solutions in respect of software, websites, and mobile applications and offers domain names for sale and hosting solutions. The terms, conditions, notices and disclaimers set out below and the terms of our Privacy Policy constitute a legal agreement between you and Diamon Holdings (Agreement).
By accessing or using the website located at https://www.diamonholdings.com (Website) in any way, downloading, installing or using any Diamon Holdings mobile application (Application) or any other software supplied by Diamon Holdings (collectively, with the Application, the Software), accessing or using any information, services, features or resources available or enabled via the Website or Software (each, a Service and collectively, the Services)), clicking on a button or taking similar action to signify your affirmative acceptance of agreement to the Agreement, or completing the Diamon Holdings account registration process or otherwise using any of the Website, Software, and/or Services, you hereby represent that:
The terms “you,” “user” and “users” refer to all individuals and other persons who access or use the Website, Software, and/or Services, including, without limitation, any companies, organisations or other legal entities that register accounts or otherwise access or use the Services through their respective employees, agents or representatives. Except as otherwise provided herein, if you do not agree to be bound by the Agreement, you may not access or use the Website, the Services, and/or the Software.
This Agreement will apply in addition to any other terms that specifically apply to a particular part or page of the Website, Software, and/or Services. However, if those other terms are inconsistent with this Agreement, those other terms will prevail to the extent of the inconsistency.
You agree that we may amend the terms of this Agreement, at any time, at our discretion and the amendments to the Agreement will be effective upon posting of an updated version of this Agreement on the Website or Software. We advise you to regularly update the Website, Software, and/or Services in order to ensure that you have the most current form of the Agreement as your continued use of the Website, the Services, and/or the Software after any such changes constitutes your agreement to such amendments. If you do not agree to these modifications, you should immediately cease using the Website, Software and Services.
By using the Website, Software and/or Services, you agree that:
You represent to us that you are the sole authorised user of any account you create through the Website, Software and/or Services (as applicable). You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorised use of your password or your account by minors. You may not authorise others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity.
Should you suspect that any unauthorised party may be using your password or account, you will notify Diamon Holdings immediately. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Diamon Holdings has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Diamon Holdings has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an account or use the Services if you have been previously removed by Diamon Holdings, or if you have been previously banned from use of the Services.
User Content: Diamon Holdings may provide you with interactive opportunities through the Services, including, by way of example, the ability to post user ratings and reviews (collectively, User Content). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit (Make Available) through the Services. You hereby grant Diamon Holdings (including Diamon Holdings' service providers, related bodies corporate and affiliated companies) a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and licence to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with the Diamon Holdings' business and in all forms now known or hereafter invented (Uses), without notification to and/or approval by you. You further grant Diamon Holdings a licence to use your username and/or other user profile information, including without limitation your ratings history, to attribute User Content to you in connection with such Uses, without notification or approval by you.
Feedback: You agree that any submission of any ideas, suggestions, and/or proposals to Diamon Holdings through its suggestion, feedback, wiki, forum or similar pages (Feedback) is at your own risk and that Diamon Holdings has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Diamon Holdings (including the Diamon Holdings' service providers, related bodies corporate and affiliated companies) a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and licence to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.
Ratings and Reviews: To the extent that you are asked to rate and post reviews of the Services or other offerings by Diamon Holdings (Ratings and Reviews), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by Diamon Holdings and do not represent the views of Diamon Holdings or its affiliates. Diamon Holdings does not assume liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. As we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you agree that you will base any Rating or Review on first-hand experience with the Services or other offerings by Diamon Holdings and your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews, we may exclude such User Content without notice.
Restrictions: You must not (and must not allow a third party to) post or otherwise make available User Content, Feedback, Ratings and Reviews that:
Diamon Holdings may, on notice to you, review, modify or remove any of your User Content, Feedback, Ratings and Reviews where Diamon Holdings believes that it violates this Agreement.
We do not represent or warrant that the Website, Software and/or Services will be error-free, free of viruses or other harmful components, or that defects will be corrected.
Whilst care is taken to ensure the content is current and accurate, we do not represent or warrant that the information available on or through the Website, Software and/or Services will be correct, accurate, complete, timely or otherwise reliable and we are not liable for any losses suffered in relation to any contents, information or software used in connection with the Website, Software and/or Services, links which are out of date or your inability to access the Website, Software and/or Services. To the maximum extent permitted by applicable laws, we make no warranty, representations or endorsements, express or implied, regarding the contents, information or software contained in the Website, Software and/or Services or their availability.
Whilst every effort is taken to ensure that the information and materials used in respect of the Website, Software and/or Services are current, informative, accurate and up-to-date at the time they are published, they could be subject to variation at any time without further notice. The information used in respect of the Website, Software and/or Services is provided as general information only and it may not be suited to you or your personal circumstances. You should seek advice before you make any decisions.
Any trademarks which appear in the Website, Software and/or Services are the trademarks of their respective owners. All text, graphics, pictures, audio messages, video materials, downloadable materials, and all other materials and content in the Website, Software and/or Services are owned by, or licensed to us, or are otherwise approved for our use and all rights in those materials are reserved. Use of these trademarks without the owner's consent will infringe the respective owner's intellectual property rights.
Unless stated otherwise, copyright and other intellectual property in the Website, Software and/or Services (including content, design, layout and arrangement) is owned by Diamon Holdings. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Website, the Software or the Services, or any intellectual property rights owned by Diamon Holdings.
You may access and use the content in the Website, Software and/or Services, including to download or print it, for information purposes only in connection with the use of the services that are offered by the Website, Software and/or Services. However, no content, or any part, of the Website, Software and/or Services may be reproduced or copied on any other website or mobile application without our prior written consent.
Diamon Holdings reserves all of its rights under, and does not grant any express or implied rights to you or any other user of the Website, Software and/or Services, in respect of any logo, trademark, copyright, trade secret, or other intellectual property law.
The news, articles and publications provided in the Website, Software and/or Services (if any) are for your information and interest only. They are not intended to be comprehensive, and they do not constitute and must not be relied on as advice. You must seek specific advice tailored to your circumstances.
Diamon Holdings grants clients and users a limited license to download, save, print or copy articles and documents, or portions thereof, solely for their private use, education, or research. Altering, selling, redistributing, or republishing our publications, articles or other documents, or any portion of them, in any form or medium, without permission in writing from Diamon Holdings is prohibited.
You may not distribute, display or make derivative work of publications, articles or other documents, or any portion thereof, without the express prior consent of Diamon Holdings unless permitted by law.
By electing to download, save, print, receive or copy an electronic publication, article or document, the user agrees to use that document in a way that conforms to all applicable laws and regulations, and to the terms of this Agreement.
All materials on this website are published in good faith, and Diamon Holdings assumes no legal liability or responsibility for the accuracy, completeness, or usefulness of any information published on our website.
Email communications (including attachments) which contain legally privileged or confidential information are intended only for the addressee. If you are not the intended recipient, then any storing, dissemination, distribution or copying of such communication is strictly prohibited. You may not deal with or rely on this information in any way.
When addressed to our clients or persons on our database, any opinions or advice contained in the communication are subject to the terms and conditions of this Agreement or that material. If you have received an email in error, please notify us immediately by return email and delete the original email, destroy any printed copy and do not disclose or use the information in it.
Electronic addresses of Diamon Holdings directors, consultants and employees may be published in the Website, Software and/or Services for business purposes only. Publication of electronic addresses does not mean our directors, consultants or employees consent to receiving unsolicited commercial messages not directly related to the recipient's role or function and we do not consent to unsolicited commercial electronic messages.
Third-Party Websites, Applications and Advertisements: The Services may contain links to third-party websites (Third-Party Websites) plug-ins and applications (Third-Party Applications) and advertisements (Third-Party Advertisements) (collectively, Third-Party Websites & Advertisements). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Advertisement, Diamon Holdings will not warn you that you have left the Website, Software and/or Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under the control of Diamon Holdings. Diamon Holdings is not responsible for any Third-Party Websites, Third-Party Applications or any Third-Party Advertisements. Diamon Holdings provides these Third-Party Websites & Advertisements only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or services. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Diamon Holdings is not responsible for the availability, content or accuracy of any other pages or other websites linked via the Website, Software and/or Services. To the extent that the Website, Software and/or Services contains a link to a Third-Party Website, Third-Party Application or Third-Party Advertisement, all relationships in respect of the Third-Party Website, Third-Party Application or Third-Party Advertisement are between users and the relevant third party and do not involve Diamon Holdings, and any concerns about such products, services or resources should be directed to the particular third-party provider. We do not accept any liability for any loss or damage you may incur as a result of using or relying on material in any Third-Party Website, Third-Party Application or Third-Party Advertisement.
Link to the Website, Software and/or Services: You may provide a link to the Website, Software and/or Services provided you do so in a way that accurately indicates that the link is to the Website, Software and/or Services (as applicable) and is not misleading.
App Stores: You acknowledge and agree that the availability of the Application is dependent on the third party from which you received the Application licence, e.g., the Apple iPhone or Android app stores (App Store), unless provided through the Website. You acknowledge that this Agreement is between you and Diamon Holdings and not with the App Store. Diamon Holdings, not the App Store, is solely responsible for the Software and the Services, including the Application and the Services, the content thereof, maintenance, support services and warranty thereof, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application or the Services. You agree to comply with, and your licence to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using the Application. You acknowledge that the App Store (and its subsidiaries) are intended third-party beneficiaries of the Agreement and have the right to enforce them.
Users may not be accessing the Website, Software and/or Services on a secure medium and therefore transmissions to and from the Website, Software and/or Services may be intercepted or altered. Diamon Holdings will not be responsible should that occur. Likewise, we do not warrant or represent that users of the Website, Software and/or Services will be free of any risk of adverse software consequences (including, any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature).
Further, you may not inject content or code or otherwise alter or interfere with the way any of the Website, Software and/or Services pages are rendered or displayed in a user's browser or device.
All information and content in the Website, Software and/or Services are provided without any representations or warranties by Diamon Holdings its officers or employees.
The Website, Software and Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. To the maximum extent permitted by law, Diamon Holdings is not responsible for any delays, delivery failures, or other economic damage resulting from such problems.
We may preserve the content of any contact us form, information request form, email or other electronic message that we receive in accordance with our Privacy Policy. Any personal information contained in that message will only be used or disclosed in accordance with our Privacy Policy.
If you wish to stop receiving information from us you can reply to any email received from us with 'Unsubscribe' in the subject line. Any such request will result in you being removed from our email list. If you do not reply to a message, or future messages, your email address will remain active on our mailing list, and this will be taken as implied consent to receive emails from us. All email communications from us will include our contact to allow you to communicate with us in the event of any request for removal or complaint.
You acknowledge and agree, that by using the Website, Software and/or Services or engaging in correspondence with us in respect of our services, that we have not provided, and will not provide, any legal, accounting, tax, financial, technical or other advice in respect of the Website, Software and/or Services and should you require that advice you will seek it from your independently appointed qualified professional.
You expressly understand and agree that to the fullest extent of the law, your use of the Website, Software and/or Services and the information contained on it is entirely at your own risk and liability.
Changes are periodically made to the Website, Software and/or Services and may be made at any time without notice to you. The Website, Software and/or Services are provided on an “as is” basis and, to the maximum extent permitted by a law, without guarantees, warranties of any kind, either express or implied, including, but not limited to, guarantees or warranties of merchantability, fitness for a particular purpose and non-infringement. To the maximum extent permitted by law, Diamon Holdings makes no warranties or representations about the accuracy, reliability, completeness or timeliness of the content made available through the Website, Software and/or Services.
Diamon Holdings does not warrant that the Website, Software and/or Services will operate error-free or that the Website, Software and/or Services are free of computer viruses and other harmful malware.
To the maximum extent permitted by law, Diamon Holdings its officers, consultants and employees exclude completely all liability to any person for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the material contained in the Website, Software and/or Services (including, as to the accuracy or completeness of the content of the Website, Software and/or Services (as applicable)) and/or any use of the Website, Software and/or Services. These losses and damages include any direct, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of data or business information arising in connection with the use of the Website, Software and/or Services.
Further, Diamon Holdings its officers, consultants and employees accept no liability to any person even where we become aware that such information is inaccurate or incomplete and we recommend that you exercise skill and care in respect of its use.
Where any law implies a warranty into this Agreement which may not lawfully be excluded, then to the maximum extent permitted by law, the liability of Diamon Holdings is limited to one or more of the following at Diamon Holdings' option:
To the fullest extent of the law, the Diamon Holdings' aggregate liability under law and equity (including negligence) shall not exceed the greater of:
To the maximum extent permitted by law, you agree to indemnify and hold harmless Diamon Holdings and its officers, directors, employees, agents and affiliates (each, an Indemnified Party), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from:
In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defence of the Indemnified Party, including reasonable costs and attorneys' fees incurred by the Indemnified Party. Diamon Holdings reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Diamon Holdings in asserting any available defences. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website, Software or Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Website, Software and/or Services.
The provisions under this provision entitled 'Dispute Resolution' of the Agreement shall be referred to as the Arbitration Agreement.
Scope of Arbitration Agreement: You agree that any dispute or claim relating in any way to your access or use of the Services as a consumer of our Services, to any advertising or marketing communications regarding Diamon Holdings or the Services, to any products or services sold or distributed through the Services that you received as a consumer of our Services, or to any aspect of your relationship or transactions Diamon Holdings as a consumer of our Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
Arbitration Rules and Forum. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered address and by email. The arbitration will be conducted by the Australian Disputes Centre (ADC) under then-current arbitration rules and pursuant to the terms of this Agreement.
The ADC's arbitration rules are available at: https://www.disputescentre.com.au/adc-rules-for-domestic-arbitration. Payment of all filing, administration, and arbitration fees will be governed by the ADC's rules. If the ADC is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the country where you live or at another mutually agreed location.
Arbitrator Powers: The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Diamon Holdings. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator's decision is final and binding on you and Diamon Holdings.
Waiver of class or consolidated actions: You and Diamon Holdings agree to waive any right to resolve claims within the scope of this Arbitration Agreement on a class, collective, or representative basis. All claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Diamon Holdings is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court with exclusive jurisdiction as set out below.
Survival. This Arbitration Agreement will survive any termination of your relationship with Diamon Holdings.
Modification: Notwithstanding any provision in the Agreement to the contrary, we agree that if Diamon Holdings makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Diamon Holdings.
At its sole discretion, Diamon Holdings may modify or discontinue the Website, Software and/or Services, or may modify, suspend or terminate your access to the Software or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Software or the Service, Diamon Holdings reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Software or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
Entire Agreement: This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter (except where there are terms and conditions on another page of the Website or in the Application which relate to specific Services in which case those separate agreement(s) will prevail to the extent of any inconsistency).
Nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and Diamon Holdings relating to your work as an employee or independent contractor.
No Joint Venture or Partnership: No joint venture, partnership, employment, or agency relationship exists between you, Diamon Holdings or any third-party provider as a result of this Agreement or use of the Software or Services.
No Joint Venture or Partnership: Diamon Holdings may subcontract any of its obligations under this Agreement without your prior written consent.
Changes to Agreement: We may amend the Agreement at any time and, if we do so, we will provide the updated Agreement in the Website, Software and/or Services (as applicable). By continuing to use the Website, Software and/or Services you accept the amended Agreement as they apply from time to time.
Jurisdiction: The Website, Software and/or Services may be, hosted on different servers, and used in various jurisdictions around the world. We do not represent that we hold the required authorisations, licences and approvals in all jurisdictions where the Website, Software and/or Services may be viewed and/or used. It is your responsibility to ensure that use of the Website, Software and/or Services is in accordance with the laws of the relevant jurisdiction where the Website, Software and/or Services (as applicable) is viewed and/or used.
Severability: If any terms of the Agreement are held to be invalid, unenforceable or illegal for any reason, those terms will be severed from the Agreement and the remaining terms of the Agreement will continue to apply.
Electronic Communications: For contractual purposes, you:
Notices: Where Diamon Holdings requires that you provide an e-mail address, you are responsible for providing Diamon Holdings with your most current e-mail address. In the event that the last e-mail address you provided to Diamon Holdings is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Diamon Holdings' dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Diamon Holdings through our contact us form. Such notice shall be deemed given on the next business day after such e-mail is actually received by Diamon Holdings.
Governing law: Use of the Website, Software and/or Services and any claim or dispute arising from or related to such use is governed by the laws of the State of Victoria, Australia, without giving effect to any principles that provide for the application of the law of any other jurisdiction. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.