Terms of Use
Terms of Use of Website
Below are our terms for the use of this Website, whether as a guest or a registered user –
please read these terms carefully before using this Website.
These terms are an agreement ("Agreement") between you and Diamond Trading about
your use of this Website and the information contained in or available through this Website
and should be read in conjunction with our privacy policy. If you do not agree to these terms
in full please leave this Website and do not make use of our services. By remaining on this
Website and/or making use of our services you are deemed to accept these terms in full.
Our terms and our privacy policy are updated from time to time, e.g. to reflect changes in our
services and this Website. Please return to these terms from time to time and note any
changes, as they are binding on you. Protecting your privacy is very important to us: please
review our privacy policy, which explains how we treat your
personal information and protect your privacy.
1. Definitions
1.1 “www.Diamondtrading.co.uk”, “Us”, “Our” and “We” all refer to this Website, or the owner of it,
which Website belongs to Diamond Trading.
1.2 “You” refers to you the visitor and, or customer.
1.3 “Website” means this website at www.diamondtrading.co.uk.
2. Access to website
2.1 You can access most parts of this Website without having to register any details with
us. This includes all articles, guides, news and product information pages within the
Website. [Access to our customer control panel is only available to registered
members. Registration is free.]
2.2 It is for you to make the proper arrangements for you to access this Website. You are
responsible for ensuring that all persons who access the Website through your Internet
connection are aware of this Agreement, and that they comply with it.
2.3 Our Website is intended for people in the United Kingdom. Content available on our
site may not be suitable or accessible from other countries. We may restrict the
availability of our Website or our services or goods to any person or country at any
time without prior notice. If you access our site from outside the United Kingdom, you
do so at your own risk.
3. Use of website and services
3.1 Any material that is available free of charge on this Website you are permitted to use
for your own personal use, but not for distribution (including sharing or making
available for use by others by any means, whether free of charge or for payment) or
resale. You promise that you will not resell or otherwise attempt to commercially
benefit from the Website content.
3.2 All intellectual property (including without limitation copyright) in this Website and its
content belongs to us or our licensors and are protected by copyright laws around the
world. You have permission to print one copy and download extracts of any web
page(s) from our Website for (a) your personal use and (b) to mention to colleagues in
your organisation. You do not have permission to use any illustrations, photographs,
video or audio files separately from any accompanying text. Our status (and that of any
identified contributors) as the authors of material must always be acknowledged and
you must not use the material on the Website in a derogatory manner.
3.3 Otherwise than in accordance with clause 3.1, no part of this Website may be used
without our prior permission.
3.4 If, in breach of these terms of use, you print off, copy or download any part of our
Website, then your right to use our Website and is contents is automatically revoked –
you must then immediately destroy any copies you have made of any part of our
Website.
3.5 We do not guarantee that our Website will be free from bugs or viruses or protected at
all times against hacking. You are responsible for setting up your computer to access
our Website and using appropriate firewall and virus protection software.
3.6 Our terms and conditions of supply will apply if you purchase goods or services from our
Website.
4. Site uptime
4.1 We take all reasonable steps to ensure that this Website is available 24 hours every
day, 365 days per year. However, websites do sometimes encounter downtime due to
server and, other technical issues. Therefore we will not be liable if this Website is
unavailable at any time. We do not guarantee that our Website, or any content on it,
will be available uninterrupted. Access to our Website is permitted on a temporary
basis. We may suspend, withdraw, discontinue or change all or any part of our site
without notice. We will not be liable to you if for any reason our Website is unavailable
at any time or for any period.
4.2 This Website may be temporarily unavailable due to issues such as system failure,
maintenance or repair or for reasons beyond our control. Where possible we will try to
give our visitors advance warning of maintenance issues, but shall not be obliged to do
so.
5. Visitor conduct
5.1 With the exception of personally identifiable information, the use of which is covered
under our privacy policy, any material you send or post to this Website shall be
considered non-proprietary and not confidential. Unless you advise us to the contrary,
we will be free to copy, disclose, distribute, incorporate and otherwise use such
material for any and all purposes.
5.2 When using this Website you must not attempt unauthorised access to our Website,
the servers on which our Website or database are stored or any servers, computer or
database connected to our site, and you shall not post or send to or from this Website
any material:
5.2.1 for which you have not obtained all necessary consents;
5.2.2 that is discriminatory, obscene, pornographic, defamatory, liable to incite racial
hatred, in breach of confidentiality or privacy, which may cause annoyance or
inconvenience to others, which encourages or constitutes conduct that would be
deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to
the law in the United Kingdom; or
5.2.3 which is harmful in nature, including, and without limitation, denial-of-service
attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or other
potentially harmful software or data.
5.3 By breaching this provision, you would commit a criminal offence under the Computer
Misuse Act 1990. We will report any such breach to the relevant law enforcement
authorities and we will co-operate with those authorities by disclosing your identity to
them. In the event of such a breach, your right to use our site will cease immediately.
5.4 We will fully co-operate with any law enforcement authorities or court order requiring
us to disclose the identity or other details of any person posting material to this
Website in breach of Paragraph 5.2.
5.5 If a third party alleges that content posted by you on our site is in breach of their
intellectual property rights or their right to privacy, we may disclose your identity to
such third party.
5.6 We reserve the right to remove any posting you make on our Website for any reason
and without notice, but particularly if your post does not comply with these terms of
use.
6. Your account and password
6.1 If you choose, or you are provided with, a user log-in or password as part of our
security procedures, you must keep such information confidential.
6.2 If in our reasonable opinion you have breached these terms of use, then we may
disable any user log-in or password at any time.
6.3 If you suspect anyone else knows your user log-in or password, you must promptly
notify us at [EMAIL ADDRESS]. You can also use this email address if you have
problems with logging in or access.
7. Links to and from other websites
7.1 Any links to third party websites located on this Website are provided for your
convenience only. We have not reviewed each third party website and have no
responsibility for such third party websites or their content. We do not endorse the third
party websites or make representations about them or any material contained in them.
If you choose to access a third party website linked to from this Website, it is at your
own risk. We will not be liable for any loss or damage that may arise from your use of
them.
7.2 If you would like to link to this Website, you may only do so on the basis that you link
to, but do not replicate, any page on this Website, and subject to the following
conditions:
7.2.1 you do not in any way imply that we are endorsing any services or products
unless this has been specifically agreed to by us in writing;
7.2.2 you do not misrepresent your relationship with us or present any false
information about us;
7.2.3 you do not link from a website that is not owned by you; and
7.2.4 your website does not contain content that is offensive, controversial, infringes
any intellectual property rights or other rights of any other person or does not
comply in any way with the law in the United Kingdom.
7.3 If you choose to link to our Website in breach of Paragraph 7.2 you shall fully
indemnify us for any loss or damage suffered as a result of your actions.
8. Disclaimer and exclusion of liability – please read carefully
8.1 Our Website is made available free of charge. We take reasonable steps to ensure
that the information on this Website is correct at the time of first publishing. However,
we do not guarantee the correctness or completeness of material on this Website or
the absence of inaccuracies, omissions or typographical errors. We may make
changes to the material on this Website at any time and without notice, including
corrections. The material on this Website may be out of date, or on rare occasions
incorrect and we make no commitment to ensure that such material is correct or up-to-
date. We are not liable to send you notice of any changes or corrections made.
8.2 The material at this Website is provided without any conditions or warranties of any
kind. To the maximum extent permitted by law, we provide access and use of this
Website on the basis that we exclude all representations, warranties and conditions
which but for these Terms may have effect in relation to this Website.
8.3 All information and services are provided "as is" without warranty or condition of any
kind. We disclaim all warranties and conditions with regard to this information and
services, including all implied warranties or conditions of merchantability, fitness for a
particular purpose, title and non-infringement.
8.4 Any information on the Website in many cases will be an abbreviated and simplified
summary for general use or general guidance only, and is not a substitute for taking
specific advice on your own situation from an appropriate expert. Before taking, or
refraining from, any action on the basis of the content of our Website, you must obtain
suitable advice from a professional or specialist.
8.5 You use the Website at your own risk – neither we, nor our agents, employees and
sub-contractors, shall be liable to you or any other party for any losses or damages
whatsoever or howsoever arising in connection with the website (whether under these
terms and conditions or other contract or as a result of any misrepresentation,
misstatement or tortious act or omission, including negligence).
8.6 Neither we nor any other party (whether or not involved in producing, maintaining or
delivering this Website) shall be liable or responsible for any kind of loss or damage
that may result to you or a third party as a result of your or their use of our Website.
This exclusion shall include (without limitation) servicing or repair costs and any other
direct, indirect or consequential loss, and whether in tort, contract or otherwise in
connection with this Website.
8.7 We shall have no liability to any users for loss (whether in contract, tort, including
without limitation negligence, breach of statutory duty or otherwise, and whether
foreseeable or not) relating to:
8.7.1 use of, or inability to use, our Website; or
8.7.2 use of, or reliance on, the contents of our Website.
8.8 In addition if you are a business user, we will not be liable to you for:
8.8.1 lost profit or turnover;
8.8.2 interruption or disruption of your business;
8.8.3 your failure to make anticipated savings;
8.8.4 lost business opportunities or damage to your goodwill or reputation; or
8.8.5 indirect or consequential losses.
8.9 In addition if you are a consumer, you agree not to use our site for any commercial or
business purposes, and we shall have no liability to you for anything mentioned in
Paragraphs 8.8.1 to 8.8.5.
8.10 We shall have no liability to you for any losses caused by a distributed denial-of-
service attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or
other potentially harmful software or data that may damage your computer system,
software and data from your use of our Website or your downloading of any content on
it, or on any website linked to it.
8.11 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury
caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud;
(iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be
excluded or limited under English law.
9. Miscellaneous
9.1 If any part of this Agreement is determined to be invalid or unenforceable under any
applicable law, including, but not limited to, the above disclaimers and liability
limitations, then the invalid or unenforceable provision will be deemed to be replaced
by a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of the Agreement will continue in effect.
9.2 Unless otherwise specified, this Agreement constitutes the entire Agreement between
you and us with respect to the use of the Website and it supersedes all prior
communications and proposals, whether electronic, oral or written, between you and
us with respect to the use of the Website.
9.3 You must not assign or otherwise transfer the Agreement, or any right granted under it,
without our written consent. We can freely transfer our rights under the Agreement.
9.4 Any failure by us to enforce or exercise any provision of the Agreement, or any related
right, will not be a waiver of that provision or right.
9.5 We may provide you with notices, including those regarding changes to the
Agreement, by email, regular mail, postings on the Website, or other reasonable
means now known or developed in the future.
10. Governing jurisdiction
10.1 These Terms shall be governed by and construed in accordance with English law. Any
dispute(s) arising in connection with these Terms are subject to the exclusive
jurisdiction of the courts of England and Wales.
Version: 22/02/2023
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