Effective Date: September 1st 2014
- This website is owned and operated by Diamonds & Diamonds Ltd. Our company information is at the end of this document.
- Please read these terms and conditions carefully. They cancel and replace any previous versions. By using our website you agree to be bound by these terms and conditions. These terms and conditions are available in the English language only.
- “Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
- “Content” - all information of whatever kind published on our website.
Changes to the terms and conditions
- We may change these terms and conditions by posting the revised version on our website. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our website following the effective date shown.
Use of our website
- We grant users a limited personal right to use our website subject to these terms and conditions.
Third party websites / services
- We may link to third party websites which may be of interest to you and/or make available third party-provided services on our site. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use such third party sites or services at your own risk.
Guidance on our site
- Any guidance or similar Content which we make available on our website is intended as very general guidance information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes.
Functioning of our website
- We do not guarantee that the website will be uninterrupted or error-free.
- Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited.
- You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
- there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
- such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
- such loss or damage is caused by you, for example by not complying with this agreement; or
- such loss or damage relates to a business.
- Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our website (subject of course to our obligation to mitigate any losses).
The following clauses apply only if you are not a Consumer:
- To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.
- In no event (including our own negligence) will we be liable for any:
- economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
- loss of goodwill or reputation;
- special, indirect or consequential losses; or
- damage to or loss of data
(even if we have been advised of the possibility of such losses).
- You will indemnify us against all claims and liabilities directly or indirectly related to your use of the website and/or breach of this agreement.
- This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
Intellectual property rights
- All trade marks, logos, Content, graphics, images, photographs, animation, videos, text and software used on the website are our intellectual property or that of our partners. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
- For the avoidance of doubt you may not collect, scrape or harvest any Content on our website or deep-link to or frame Content on our website without our specific prior written consent.
- You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy [link] which is subject to change from time to time.
Events outside our control
- We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
- These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of courts of England and Wales.
- Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce any term of this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.
- If you have any complaints, please contact us via the contact details shown on our website or write to us at our trading address below.
- Company name: Diamonds & Diamonds Ltd
- Country of incorporation: England and Wales.
- Registered number: 08239458
- Registered office: 1 Doughty Street, London WC1N 2PH.
- Main trading address: Suite 35, New House, 67-68 Hatton Garden, London EC1N 8JY, England.
- Other contact information: See our website.
- VAT number: GB 168 4549 68