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DiamondLink Terms and Conditions

  1. Terms of the Agreement
    1. You must register to use the DiamondLink website (Registered User) and create an account either on a casual basis (Casual User) or on a monthly basis (Subscriber).
    2. This agreement is made between yourself and DiamondLink Limited (DiamondLink) after you tick ["I ACCEPT"] box for DiamondLink Terms and Conditions on the “Register” page within the DiamondLink website and it constitutes the terms and conditions of your access to and purchase of Jewellery Valuer Reports (JVR Reports). The provisions set out below are the only terms and conditions on which DiamondLink will agree to provide the JVR Reports. By accessing the DiamondLink website and the JVR Reports you agree to be bound by all these terms and conditions (Terms).
  2. Changes to the Agreement
    1. DiamondLink may add, remove or change the Terms of this agreement from time to time. All additions and changes will be notified to you by being posted on this page. It is your responsibility as a Registered User to refer to these additions and changes. They will come into effect immediately on being posted and you will be deemed to have accepted them if you make access to the DiamondLink website or the JVR Reports after that time. If you do not wish to accept them, you must terminate this agreement as described above.
  3. Duration of the Agreement
    1. This agreement will continue until you disable your account within the DiamondLink website or send notice in writing to DiamondLink, or DiamondLink terminates it. Either party may terminate it at any time. On termination, you will immediately pay all outstanding charges, cease to be a Registered User and will no longer be eligible to create and purchase JVR Reports or use the website.  All copyright and protected rights provisions remain in force after termination.
  4. Username and Password
    1. You are required to provide DiamondLink with complete and accurate registration information and to update your information if it changes.
    2. You are responsible for all use of the JVR Reports accessed and or purchased using your username(s) and password(s), whether or not the use is made by you or by someone else using your username(s) and password(s). You are responsible for protecting and securing your username(s) and password(s) from unauthorised use. If you believe there has been a breach of security of your username(s) or password(s), such as theft or unauthorised use, you should notify DiamondLink immediately by e-mail to info@diamondlink.co.nz
    3. If DiamondLink has reason to believe that any information you have supplied is not accurate, or if DiamondLink considers that you have breached this agreement it may terminate this agreement without liability to you and you will cease to be a Registered User for the purposes of accessing the DiamondLink website and the JVR Reports.
  5. Charges
    1. You agree to pay for the JVR Reports purchased under your username(s) and password(s) and pay all applicable taxes.  Unless otherwise stated on the DiamondLink website, all charges are expressed in New Zealand Dollars and are exclusive of GST.
    2. If you are a Casual User you must pay for your JVR Reports by way of valid credit card before you can access them.
    3. If you are a Subscriber you must provide us with and maintain valid credit card details. A NZ$1 temporary authorisation fee is made to ensure the credit card is valid. Once the card is authorised the NZ$1 will be removed and this card will only be charged for your monthly useage on the 20th of the following month.  If you fail to maintain a valid credit card with us or have insufficient credit and we are unable to charge for your purchases of JVR Reports in any month, we reserve the right to:
      1. Suspend your access to the DiamondLink website until such time as you provide valid credit card details and pay for all outstanding charges; or
      2. Terminate this agreement.
    4. DiamondLink reserves the right to charge interest on overdue amounts at the rate of 4% above the base rate charged by our bankers on overdraft accounts. If DiamondLink engage debt collection agencies to collect any overdue amounts, you will be responsible for all debt collection fees.
    5. If you are a Subscriber and take advantage of a Free Trial Period, you will gain full access to  and full functionality of the site during the Free Trial Period. You will not be charged for  JVR’s created in that Free Trial Period. You will be charged as per 5.3 above for JVR reports created after your Free Trial period. If you create no further reports after your Free Trial period, no charges or fees will be made.
  6. Copyright
    1. You may provide us with information, data, jewellery descriptions, prior valuation details and photographs (User Materials) to enable us to provide JVR Reports to you.
    2. You warrant that you are authorised to provide us with the User Materials, that the User Materials are accurate and complete and not misleading and do not infringe the rights of any other party.
    3. You grant DiamondLink an irrevocable perpetual royalty-free licence to use the User Materials for the purpose of providing the JVR Reports to you including without limitation the right to reproduce, store, back-up, distribute, transmit, display (publicly or otherwise) or otherwise exploit the User Materials as required in our absolute discretion in the provision of our services.
    4. Except for the User Materials, the DiamondLink website and the contents of the JVR Reports including, but not limited to, the textual material, artwork, photographs and visual elements, is owned or controlled by and subject to the copyright of DiamondLink.    JVR Reports are supplied to you under a non-exclusive licence only for your own internal use and may not be copied, reproduced or distributed without DiamondLink’s written consent.   DiamondLink will not be liable to any other party irrespective of whether you make any JVR Report publicly accessible on the DiamondLink website.
    5. You agree not to remove, cover, overlay, obscure or change any copyright notices, disclaimers or terms of use which DiamondLink may put on the JVR Reports.
  7. Modification of JVR Reports
    1. DiamondLink reserves the right to change, update, modify, suspend or discontinue any or all parts of the JVR Reports at any time but shall not be obliged to update the estimate beyond the date of first purchase or guarantee the continued availability of the JVR Reports on the DiamondLink website. You should download copies of all JVR Reports upon purchase. DiamondLink reserves the right to restrict a Registered User’s access to parts or all of the JVR Reports without notice or liability.
  8. Disclaimer
    1. All conditions, guarantees and warranties expressed or implied by statute, common law, equity, trade customer usage or otherwise are expressly excluded to the maximum extent permitted by law.
    2. If you are using the DiamondLink website or any JVR Reports for the purposes of a business then you agree that the Consumer Guarantees Act 1993 does not apply to you.
    3. Without limiting clause 8.1:
      1. the JVR Reports are provided “as is” and “as available”, and you use the JVR Reports at your own risk. Access to the JVR Reports may be interrupted, restricted or delayed from time to time without notice. DiamondLink does not warrant or guarantee that the JVR Reports available via the DiamondLink Website will be available continuously or that the operation of the DiamondLink Website will be error-free. DiamondLink reserves the right to change, modify, suspend or discontinue any or all parts of the JVR Reports at any time without notice;
      2. you acknowledge and agree that some of the material on the JVR Reports is sourced from third parties outside DiamondLink. DiamondLink makes no representations and gives no warranties of any kind whatsoever in relation to any of the material contained in the JVR Reports. In particular, DiamondLink does not warrant that the material in the JVR Reports is free from errors, omissions, or other inaccuracies, or is fit for any particular purpose. You agree to release DiamondLink from all liability (whether in contract, tort [including negligence], equity or on any other basis) for any errors, omissions or other inaccuracies in the material in the JVR Reports;
      3. DiamondLink makes no representations and gives no warranties that the material in the JVR Reports, as delivered, will be capable of being processed on your computer equipment and software or that your data will be compatible with the material in the JVR Reports or work effectively in combination with the material on the DiamondLink Website and the DiamondLink service;
      4. DiamondLink has no obligations to convert the material in the JVR Reports for use by you with your computer equipment and software (such installation and conversion being entirely at your own risk), nor does DiamondLink have any obligation for training you or your personnel in the use of the JVR Reports; and
      5. DiamondLink does not give any warranty that the material in the JVR Reports will be free from infection, viruses or destructive code. DiamondLink shall not be liable (whether in contract, tort [including negligence], equity or any other basis) for any damage to, or viruses that may infect your computer equipment or software due to your use, downloading or conversion of the material in the JVR Reports.
    4. You understand and acknowledge that the JVR Report;
      1. is not a certified jewellery valuers report nor a full current market valuation; nor is it intended to replace a certified jewellery valuers report nor a full current market valuation. If either a certified jewellery valuers report or a full current market valuation report is required you should consult a jewellery valuer;
      2. are the products of automated valuation technology (AVR) proprietary to and owned by The Jewellery Valuation Centre Limited (JVC Valuers) and used under licence by DiamondLink and not any physical examination of the jewellery and as such provide an estimate only of the current retail replacement cost for the diamond jewellery item matching the description in the JVR Report at a normal retail price from a jewellery store in New Zealand. No warranty can be given as to the existence, ownership, condition, obsolescence or accuracy of the diamond jewellery item described in any JVR Report; and
      3. are based on the jewellery as described by you, using an analysis of statistical cost components and sales history analysis provided by and used under licence from third parties and may not reflect current market value or replacement cost.
    5. You acknowledge and agree that the disclaimers, limitations and exclusions of liability contained in sections 8 and 9:
      1. for the benefit of DiamondLink shall be deemed repeated with all references to DiamondLink replaced with references to JVC Valuers; and
      2. shall apply for the benefit of and may be enforced by JVC Valuers in relation to the material in the JVR Reports sourced by DiamondLink under licence from JVC Valuers for the purposes of the Contracts (Privity) Act 1982.
  9. Liability and Indemnities
    1. DiamondLink shall not be liable (whether in contract, tort [including negligence], equity or on any other basis) for any direct or indirect loss or damage (including punitive damages) sustained by you or any other person from any use whatsoever of the material in the JVR Reports or otherwise in connection with this agreement (even if DiamondLink has been advised of, or has knowledge of, the possibility of such loss). Such loss or damage includes without limitation; damage to property, injury to persons, loss of profits, business interruption loss, loss of data, any other loss, damage or expense that arises either as a result of the material in the JVR Reports being shown to be wholly or partially incorrect or unsuitable, or arising from non-delivery or delay in delivery of the material in the JVR Reports and loss or damage as a result of any amendment to or deletion of the material in the JVR Reports in accordance with clause 7 of this agreement.
    2. Without limiting clause 9.1, DiamondLink shall not be liable (whether in contract, tort [including negligence], equity or on any other basis) for any direct or indirect loss or damage whatsoever arising from any modification, amendment or deletion (whether pursuant to clause 7 of this agreement or otherwise) made to the material in the JVR Reports or any compilation or derivative work created from or using the material in the JVR Reports in each case whether made by you, or by any other person.
    3.  DiamondLink makes no representations and gives no warranties that any person has consented to the provision of the material in the JVR Reports to you (including the User Materials) or consented to, or approved, any subsequent use or disclosure of the material in the JVR Reports by you.
    4. In the event that any exclusion of DiamondLink’s or JVC Valuer’s liability set out in the agreement is inapplicable or is held unenforceable, DiamondLink’s and JVC Valuer’s total aggregate liability, under or in connection with this agreement, the DiamondLink website or arising out of any use, reproduction, modification, amendment or deletion of the material in the JVR Reports, or creation of compilations or derivative works of or from the material in the JVR Reports (by you or by any other person), whether that liability arises in tort (including negligence), contract, equity or on any other basis, shall be limited as follows:
      1. DiamondLink’s total aggregate liability shall be limited to the amount actually paid by you for the JVR Report or JVR Reports in respect of which the liability arises or NZ$100 whichever shall be the greater; and,
      2. JVC Valuers’ total aggregate liability shall be limited to NZ$1.00.
    5. You agree to indemnify DiamondLink and keep DiamondLink indemnified against any loss, claim or demand (including legal costs and expenses) arising in relation to any breach by you of this Agreement, your use of the DiamondLink website, any act or omission for which you are responsible or any infringement by you of the rights of any other person (including without limitation, in relation to DiamondLink’s use of the User Materials in any JVR Reports or on the DiamondLink website). This indemnity extends to JVC Valuers, and DiamondLink’s affiliates, related entities, shareholders, directors, officers, employees, agents and representatives.
  10. Privacy
    1. DiamondLink is an Agency for the purposes of the Privacy Act 1993. All personal information you supply to DiamondLink when you create a Registered User account and which is supplied by you for the purposes of providing the JVR Reports to you, will be dealt with by DiamondLink in accordance with that Act.
    2. You have the right to access your personal profile and correct any of your personal information recorded.
    3. DiamondLink may send you emails with regard to your account and your purchases as well as updates and important information concerning the DiamondLink website and services and you authorize DiamondLink to communicate with you in this way.  DiamondLink may from time to time send you information on selected services. Should you not wish to receive this material email your request and contact details to info@diamondlink.co.nz.
    4. You will ensure that your use of any material obtained from the JVR Reports will be in accordance with the Privacy Act 1993.
  11. Protected Rights
    1. The name and logo of DiamondLink and JVC Valuers are trademarks of DiamondLink or used under licence. You are not permitted to use or reproduce or allow anyone to use or reproduce these trade marks for any reason without our express written permission. The software which operates the DiamondLink website and provides the JVR Reports is proprietary software and subject to copyright and you are not permitted to use it except as expressly allowed under the terms of this agreement. Any other use or purported licensing, modification, enhancement or interference is strictly prohibited.
  12. Notices
    1. If you wish to terminate this agreement in writing you may do so by e-mail to info@diamondlink.co.nz or by post to DiamondLink, PO Box 105104, Auckland City 1143, Auckland, New Zealand. DiamondLink may serve a notice on you by sending it to your e-mail address or postal address appearing on the User Details entered when you set up your Registered User account within DiamondLink. Notices will be deemed to have been served one hour after transmission by e-mail or 3 days after dispatch by post. You are responsible for notifying DiamondLink of any change to your e-mail or postal address.
  13. General
    1. This agreement records the entire agreement between you and us. No variation will be effective unless posted by us on the DiamondLink website, or agreed to by us in writing.
    2. We will not be liable for any failure or delay in performing our obligations under this agreement if the failure or delay arises directly or indirectly from a cause reasonably unforeseeable or beyond our control.
    3. No failure or delay by us to act in relation to this agreement is a waiver by us of our rights. No waiver is effective unless it is in writing. A waiver of a breach is not a waiver of any other breach.
    4. Any unlawful provision in this agreement will be severed and the remaining provisions will remain enforceable.
    5. This agreement is governed by the laws of New Zealand.  You submit to the non-exclusive jurisdiction of the Courts of New Zealand.