This website and its contents (“website”) is owned and operated by Holloway Diamonds [A.B.N. 69 398 230 404 (“Holloway Diamonds”, “we” or “our”). By accessing or using this website or by purchasing goods via this website, you agree to accept and comply with these Terms and Conditions.
These Terms and Conditions apply to goods and services purchased through any Holloway Diamonds store or the website as well as governing the use of this website.
Holloway Diamonds reserves the right to amend these Terms and Conditions at any time without notice.
If you do not agree with any of the Terms and Conditions, you should not access or otherwise use www.hollowaydiamonds.com.au
These Terms and Conditions are governed by and to be construed in accordance with the laws of Victoria Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.
- Holloway Diamonds makes no representation that the content of the website complies with the laws of any country outside Australia.
- All rights not expressly granted herein are reserved.
Intellectual Property & Restrictions On Use Of Content
This website and its contents is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. This website contains trademarks, intellectual property and copyright protected works which is owned by Holloway Diamonds, and third parties. Except for the direct purpose of viewing, accessing or interacting with this website for your own personal use or as otherwise indicated on this website or these Terms and Conditions, you must not copy, reproduce, communicate to the public, adapt, print, display, publish, transfer, distribute, store or create derivatives of any of the contents of this website, or incorporate any part of this website into another website without Holloway Diamonds’s express consent.
Goods and Services Representation
Holloway Diamonds will take all reasonable steps to ensure that all product descriptions and specifications contained on this website are technically accurate.
Whilst all reasonable care has been taken to ensure that product images shown on this website are an accurate representation of the actual product the very nature of imaging product and reproducing those images on a website means that we cannot warrant the accuracy of these representations and product may appear larger or smaller than actual sizes and colours may vary. The colours you see on this website will also depend on your screen display and settings and we cannot guarantee that your monitor’s display of any image will accurately reflect the colour of the product on delivery.
Whilst we will take all reasonable steps to ensure that all goods advertised on this website is available we cannot guarantee the availability of any product. Some goods advertised on this website may not be available in some or all of our stores.
All goods and services offered for sale on this website comply with Australian law but we do not warrant that they will comply to the laws of any other country.
Goods purchased online from this website are eligible for delivery to addresses in Australia only. We use Australia Post to deliver such goods.
Purchases of goods and services made on this website must be paid in full at the time of purchase
Whilst we make every effort to ensure the security of your payment through the payment gateway you acknowledge that no transmissions over the internet can be guaranteed as totally secure and therefore you use your credit card to make payments for good services on this website entirely at your own risk.
All prices shown on this website are in Australian dollars and inclusive of GST at the time of purchase. Prices may differ for the same good or service that is purchased at one of our stores.
Please check your order carefully before submitting it as orders may not be able to be changed or cancelled once the order has been accepted by us.
We reserve the right to cancel an order that we have previously accepted, at any time before delivery and for whatever reason, including but not limited to:
- not being able to supply the goods within a reasonable time or at all due to an event beyond our control;
- an error on this website in relation to the goods or services, for example, in relation to a description, price or image;
- you not meeting our payment terms or Holloway Diamonds not being able to process or accept your payment.
- Where Holloway Diamonds cancels your order after acceptance it will notify you of cancellation.
In the event of Holloway Diamonds cancelling your order after payment has been processed, we will refund any money paid in respect of that order.
Shipping of Goods Purchased Online
Once we have confirmed our acceptance of your order, we will endeavour to dispatch your order within three business days unless a different timeframe is specified in relation to a particular good. If we are unable to dispatch your order within this time frame we will endeavour to contact you and advise you of the expected dispatch date.
Where payment confirmation information received from Financial Intermediaries is insufficient to verify the payment details, Holloway Diamonds will contact the purchaser and discuss other payment options.
Although we will endeavour to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.
We retain ownership and title of the goods we supply to you until we have received the full payment for the goods and the applicable delivery charges. Risk and title passes to you once your order has been delivered to you (or has otherwise been delivered in accordance with your delivery instructions), as evidenced by confirmation provided to us by Australia Post.
On delivery you may be required to sign a proof of delivery document unless an Authority to Leave (‘ATL’) has been provided. If an ATL has not been provided and you are not available to take delivery, or there are circumstances preventing the goods being left at the delivery address, then the goods may be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address in those cases.
If you choose to provide an ATL, we will not be able to offer any further assistance if your order is lost or subsequently goes missing after it has been deemed delivered by the carrier. The associated risk in leaving goods unattended in these circumstances is borne by you.
Any access to the internet can expose you to the risk of computer viruses, malicious computer code and other forms of interference and you acknowledge that you will adopt your own safeguards to ensure that you minimize your risk of damage to your computer, systems or data.
We do not accept any responsibility or liability for any losses that you may sustain as a result of any such activity.
Certain parts of the website may contain competitions or promotions from Holloway Diamonds or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the website from time to time. By entering or participating in the relevant promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, Holloway Diamonds specifically retains the right, at any time and without notice, to remove, alter or add to promotions on the website without any liability to you.
Links to 3rd Party websites
Holloway Diamonds assumes no responsibility and accepts no liability for the terms and condition or content of third-party websites that may be linked to or accessed from this website. Except as Holloway Diamonds may specifically direct otherwise, Holloway Diamonds does not authorise the content of those third-party websites. This website may also contain third party advertisements which contain embedded hyperlinks to websites operated by third parties. The placement or appearance of third-party advertisements on this website does not constitute the approval, recommendation or endorsement of Holloway Diamonds of those third-party websites, or any information or goods or services appearing on those third party websites.
Third-party advertisers or content providers are solely responsible to you for any representations or offers made by them, and for any goods or services which you agree to purchase from those third parties.
Disclaimer and liability
This website is provided on an “as is” basis. Whilst Holloway Diamonds has used its best endeavours to ensure that the information contained on and accessed through the website is correct and current at the time of publication we do not represent or warrant that is the case.
To the fullest extent permissible by law, Holloway Diamonds does not accept any liability or responsibility for our failure to comply with any of these terms and conditions due to circumstances that are beyond our reasonable control.
To the fullest extent permissible by law, Holloway Diamonds, its affiliated companies and their respective employees, agents and contractors:
- do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the website, your access to the website or results of your access, or the information, content, materials or products on the website; and
- do not warrant that access to the website or the functions on the website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components that could impact the accuracy, functionality or reliability of the website.
Subject to any non-excludable liability for breach of any condition, warranty, guarantee, right or remedy implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Holloway Diamonds, its affiliated companies or their respective directors, employees, agents and contractors) will Holloway Diamonds, its affiliated companies or their respective directors, officers, employees, agents or contractors accept liability for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the website.
Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with goods you are entitled to a replacement or refund. For major failures with a service you are entitled to cancel your service contract with us and to a refund for the unused portion. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
You agree to indemnify and keep indemnified Holloway Diamonds, its affiliated companies and their directors, officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your willful or negligent act or omission with respect to your use of this website (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other rights of any person or entity.
Ownership of Submissions
You further warrant that the content of any submission made will not infringe the intellectual property of any third party.
We reserve the right to store any submission made and will do so if there is any legal requirement to do so.
Material Submitted by You
If you use any parts of this website that allows you to submit material (including links to third-party content) that can be viewed by the public (“Material”), then by using these features you acknowledge and agree that:
- you will not post or transmit or otherwise publish Material, or permit or encourage the posting or transmission or other publication of Material, to this website that:
- is subject to any obligation of confidence on the part of Holloway Diamonds, its officers, directors, agents, related bodies corporate, employees or third-party service providers;
- contains any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication;
- contains software viruses, files or code designed to interrupt, destroy or limit the functionality of this website or any computer software or equipment;
- is illegal, false, inaccurate, misleading, deceptive, invasive of another person’s privacy, defamatory, threatening, abusive, obscene, indecent, libellous, hateful, racially-biased;
- breaches any laws relating to a person’s right to privacy or the export of personal information, or personal information about another person without their consent;
- you will only publish Material that is your original content of which you are the sole owner of all intellectual property rights embodied in such content, or where you have obtained all consents and licences from third parties necessary for the submission and display of the Material on this website and the grant of the licences by you to Holloway Diamonds under these Terms and Conditions;
- you grant to Holloway Diamonds an irrevocable, perpetual, worldwide, non-exclusive, transferable, royalty-free and sub-licensable licence to use and display the Material on this website, modify, adapt, publish, create derivate works from, sell and distribute the Material, without any compensation or obligation to you;
- the use by Holloway Diamonds of the Material in accordance with the licences granted by you to Holloway Diamonds under these Terms and Conditions will not breach any third party’s rights;
- you will indemnify Holloway Diamonds and its officers, directors, agents, related bodies corporate, employees and third-party service providers from and against any and all claims, losses, liabilities, damages, costs, charges and expenses that may be suffered or incurred by Holloway Diamonds or its officers, directors, agents, related bodies corporate, employees and third-party service providers arising out of, or in connection with, the Material including any breach of these Terms and Conditions by you or the Material; and
- you waive all moral rights that you may have in the Material.
To the extent that the Material includes a rating or review of a product or service, by submitting the Material, you represent and warrant to Holloway Diamonds that:
- you are a bona fide user of that product or service, and the rating or review reflects your honest opinions, findings, beliefs, and experiences in relation to that product or service;
- save to the extent disclosed in the rating or review, you have not received any monetary payment or other valuable consideration in connection with the rating or review; and
- save to the extent disclosed in the rating or review, you do not have any financial interest in that product or service, or any affiliation with the manufacturer or provider of that product or service or any competitor of the manufacturer or provider of that product or service, which could reasonably be expected to compromise the impartiality of the rating or review.
To the extent the Material includes a question or query, you acknowledge and agree that:
- Holloway Diamonds may answer your question or query solely in its own discretion, but is not under any obligation to answer your question or query;
- any answers provided to your question or query are general opinions only and should not be taken as being definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.
Termination and Cancellation
Holloway Diamonds reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to this website, at any time without notice. Any amendments to these Terms and Conditions placed on this website will come into effect immediately and your continued use of this website will constitute agreement to the new Terms and Conditions as amended. Without limiting the operation of any other Terms and Conditions herein, Holloway Diamonds will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on Holloway Diamonds’ liability will survive such termination or cancellation.
If we do not exercise or enforce any right available to us under these Terms and Conditions or otherwise arising at law or in equity, this does not constitute a waiver of those rights.