Terms & Conditions
In these terms and conditions, “we” “us” and “our” refers to
Ellendale Diamonds Australia Pty Ltd. Your access to and use of all
content on this website is provided subject to the following terms
and conditions.
We reserve the right to amend this notice at any time and your use
of the website following any amendments will represent your
agreement to be bound by these terms and conditions as amended. We
therefore recommend that each time you access our website you read
these terms and conditions.
Our Website Services
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We reserve the right to prevent you using this website at any time
if you breach these terms and conditions.
Site Access
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When you visit our website, we give you a limited licence to
access and use our information for personal use.
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You are permitted to download a copy of the information on this
website to your computer for your personal use only provided that
you do not delete or change any copyright symbol, trademark or
other proprietary notice. Your use of our content in any other way
infringes our intellectual property rights.
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Except as permitted under the Copyright Act 1968 (Cth), you are
not permitted to copy, reproduce, republish, distribute or display
any of the information on this website without our prior written
permission.
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The licence to access and use the information on our website does
not include the right to use any data mining robots or other
extraction tools. The licence also does not permit you to metatag
or mirror our website without our prior written permission. We
reserve the right to serve you with notice if we become aware of
your meta-tagging or mirroring of our website.
Hyperlinks
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This website may from time to time contain hyperlinks to other
websites. Such links are provided for convenience only and we take
no responsibility for the content and maintenance of or privacy
compliance by any linked website. Any hyperlink on our website to
another website does not imply our endorsement, support, or
sponsorship of the operator of that website nor of the information
and/or products which they provide.
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Linking our website is not permitted. We reserve the right to
serve you with notice if we become aware of such linking.
Intellectual Property Rights
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The copyright to all content on this website including applets,
graphics, images, layouts and text belongs to us or we have a
licence to use those materials.
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All trademarks, brands and logos generally identified either with
the symbol’s TM or ® which are used on this website are either
owned by us or we have a licence to use them. Your access to our
website does not license you to use those marks in any commercial
way without our prior written permission.
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Any comment, feedback, idea or suggestion (called “Comments”)
which you provide to us through this website becomes our property.
If in future we use your Comments in promoting our website or in
any other way, we will not be liable for any similarities which
may appear from such use. Furthermore, you agree that we are
entitled to use your Comments for any commercial or non-commercial
purpose without compensation to you or to any other person who has
transmitted your Comments.
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If you provide us with Comments, you acknowledge that you are
responsible for the content of such material including its
legality, originality and copyright.
Disclaimers
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The information we provide on this website is of a general nature
only. We are not providing professional advice and you should
obtain professional or specialist advice that is appropriate to
your circumstances and we give no warranty and accept no liability
should you use the information without obtaining independent
advice.
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We give no warranty that the information is free from error or
omission and you should use your own care and skill when accessing
and using it.
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To the extent permitted by law, any condition or warranty which
would otherwise be implied into these terms and conditions is
excluded.
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We take all due care in ensuring that our website is free of any
virus, worm, Trojan horse and/or malware, however we are not
responsible for any damage to your computer system which arises in
connection with your use of our website or any linked website.
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From time to time we may host third party content on our website
such as advertisements and endorsements belonging to other
traders. Responsibility for the content of such material rests
with the owner of that material and we are not responsible for any
errors or omissions in such material.
Limitation of Liability
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To the full extent permitted by law, our liability for breach of
an implied warranty or condition will not be greater than the
amount you paid to access our website.
Indemnity
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By accessing our website, you agree to indemnify and hold us
harmless from all claims, actions, damages, costs and expenses
including legal fees arising from or in connection with your use
of our website.
Jurisdiction
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These terms and conditions are to be governed by and construed in
accordance with the laws of Western Australia and any claim made
by either party against the other which in any way arises out of
these terms and conditions will be heard in Western Australia and
you agree to submit to the jurisdiction of those Courts.
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If any provision in these terms and conditions is invalid under
any law the provision will be limited, narrowed, construed or
altered as necessary to render it valid but only to the extent
necessary to achieve such validity. If necessary, the invalid
provision will be deleted from these terms and conditions and the
remaining provisions will remain in full force and effect.
Privacy
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We undertake to take all due care with any information including
Comments which you may provide to us when accessing our website.
However, we do not warrant and cannot ensure the security of any
information which you may provide to us. Information you transmit
to us is entirely at your own risk although we undertake to take
reasonable steps to preserve such information in a secure manner.
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Our compliance with privacy legislation is set out in our separate
Privacy Policy which may be accessed from our home page.