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1. Terms of Use
Welcome to the Australian Diamond Company ("ADC")
Web Site ("Site"). Please review the following basic
rules that govern your use of our Site.
Please note that your use of our Site means that you agree
to and accept all of these rules. We may at our discretion
change these rules. If you use our Site following any such
change, then you acknowledge that you accept and agree to
the rules as amended.
These rules apply to this Site only and not to any other
Site or business activity of the ADC.
2. Customer Information Policy
ADC recognises that it must maintain and use customer information
responsibly. The information collected by ADC is used to help
us respond to customer inquiries and also helps in determining
what products appeal to our customers so we can better merchandise
and market our Site. We may also use customer information
for marketing and promotional purposes.
3. Contents of Site
You may not reproduce, transmit, distribute, display, publish,
modify, create derivative works from, participate or sell
in any sale of, or exploit in any way, in whole or in part,
any of the Contents, the Site, or any related software.
4. Security
While no online transaction is 100% secure, ADC strives to
protect your personal information to the best of its ability.
5. User Comments, Feedback, Postcards And Other Submissions
All comments, feedback, ideas, suggestions and other submissions
disclosed, submitted or offered to ADC on or by this Site
or otherwise disclosed, submitted or offered in connection
with your use of this Site (collectively "Comments")
shall be and remain ADC's property.
Such disclosure, submission or offer of any Comments shall
constitute an assignment to ADC of all rights, titles and
interests in all copyrights and other intellectual properties
in the Comments. Thus, ADC will own exclusively all such rights,
titles and interests and shall not be limited in any way in
its use, commercial or otherwise, of any Comments. ADC is
and shall be under no obligation to maintain any Comments
in confidence or to pay to any user any compensation for any
Comments or to respond to any user Comments.
You warrant and agree that no Comments submitted by you to
the Site will violate any right of any third party, including
copyright, trademark, privacy or other personal or proprietary
right(s). You further warrant and agree that no Comments submitted
by you to the Site will be or contain libelous or otherwise
unlawful, abusive, offensive or obscene material. You are
solely responsible for the content of any Comments you make.
You agree that ADC may use and/or disclose information about
your demographics and use the Site in any manner that does
not reveal your identity.
6. Limitation of Liability
ADC shall not be liable for any special or consequential damages
that result from the use of, or the inability to use the Site
for any reason whatsoever, even if ADC has been advised of
the possibility of such damages.
7. Indemnification and release
You agree to release, indemnify and hold ADC harmless from
and against any and all claims, damages, costs and expenses
incurred or suffered by ADC arising from or in any way related
to your use of the Site and you agree to pay all solicitors
incurred fees. You also agree to release ADC in the event
of any virus or disabling feature entering your computer system
which results in loss or damage.
8. Jurisdiction
The use of this Site shall be governed by and construed in
accordance with the law of the time being in force in the
State of Victoria, Australia and the parties irrevocably submit
to the jurisdiction of the Courts of that State including
any Courts having appellant jurisdiction.
9. Third Party Links
This Site may contain links to outside services and resources,
the availability and content of which ADC does not control.
Any concerns regarding any such service or resource, or any
link thereto, should be directed to the particular outside
service or resource.
In an attempt to provide increased value to our visitors,
ADC may choose various third party web sites to link to from
its own site. However, even if the third party is affiliated
with ADC, ADC has no control over these linked sites who each
have separate data collection practices, independent of ADC.
ADC has no responsibility or liability for these independent
policies or actions and is not responsible for the privacy
practices or the content of such web sites. These linked sites
are only for your convenience and you therefore access them
at your own risk and you release and indemnify the ADC in
respect to your use of such sites.
10. Virus Warning
ADC does not represent that any information (including any
file) obtained from or though this Site is free from any computer
viruses or other faults or defects and it is your responsibility
to scan any such information for computer viruses. ADC will
not be liable to you or to any other person for any loss and
damage (whether direct, indirect, consequential or economic)
however caused whether by negligence or otherwise, which may
result directly or indirectly from any such information or
the provision thereof. To the extent that any applicable law
that cannot be excluded imposes any liability on ADC, that
liability shall be limited to the cost of resupplying that
information.
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