Terms and Conditions of Using the Website

By using our website, you warrant and represent that:

1. You are 18 years of age and above and your use of our services and website does not violate any applicable law or regulation.
2. All the information you provide during registration is accurate and true and you maintain the accuracy of all the information provided.

• The membership is purely for non-commercial and personal use. Any use of the services, website, or content for any use other than personal is prohibited.

Your personal and non-commercial use of this website is subject to the following restrictions:

1. You should not modify any content mentioned on the website. This includes but is not limited to the display, performance, description, pricing, and sale of the product.
2. You should not disassemble, reverse engineer, or decompile any content; or

• Remove any copyright, trademark registration, or other proprietary notices from the content.

You further agree to not use or access the website in such a way that it may cause harm to the contents of the website or the website itself.

You must not:

1. Use a service or product that is available for any kind of commercial purposes; or
2. Sell or advertise services, products or otherwise (whether it is for-profit purposes or not), or solicit others (not limited to but including solicitations for donations or contributions), or use any sort of public forum to gain commercial purposes; or

• Use the services or website in any unlawful way that harms any entity, person, or us.

1. You should not submit, distribute, transmit, upload, post or make any computer file or software available that has any harmful component or a virus, damage or impair the website/ services or any connected network, or cause any sort of interference with any entity or person’s enjoyment or use of the website/ services. You will not engage in any disrupting, destructive or antisocial acts including flooding, griefing, flaming, trolling, spamming, and phishing as these terms are understood commonly and used on the Internet.
2. You will not modify or delete the content of our website/service, including but not limited to disclaimers, legal notices, and proprietary notices. Proprietary notices include logos, trademark, or copyright symbols, that you do not own or have express permission to modify.
3. We cannot guarantee that other members/users will or are complying with the rules and provisions set in these terms and conditions. Between you and Diamond Petals, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

• All the content, material and information presented on our website are the copyright property of Diamond Petals. All the service marks, trade dress, trademarks and trade names are proprietary to us. No material, content, or information from the website is allowed to be republished, distributed, copied, uploaded, transmitted, reproduced, posted, or transmitted without our consent.
• You acknowledge that when you access a link provided on the website and leave our official website, the privacy policy and terms and conditions of the new website are applicable, which are not controlled by Diamond Petals. When you access such external links, you understand that we are not responsible for that site. We reserve the right to disable any third-party website links, though we are under no obligation to do so.

YOU EXPRESSLY AGREE AND UNDERSTAND THAT:

1. The information, content, and materials on this website and/or services are provided on an as is and as available basis.
2. It is our utmost effort to display the listed products for sale on the website as accurately as we can. However, we cannot guarantee under any circumstances that that your monitor display of any product colour, texture or detail will be accurate. While we make every effort to ensure that the products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, Diamond Petals reserves the right to refuse the sale of that item.

• We do not warrant that the functions contained in content, information, and materials on the website and/or services, including, without limitation any third-party sites or services linked to the website will be uninterrupted, timely or error-free, that the defects will be rectified, or that the website or the servers that make such content, information, and materials available are free of viruses or other harmful components.

1. Any material downloaded or otherwise obtained through the website are accessed at your own risk, and you solely will be responsible for any damage or loss of data that results from such download to your computer system.

You hereby indemnify and hold us, our representatives and other authorised users, respective resellers, service providers and suppliers, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the website.

You expressly understand that under no circumstances, including, but not limited to, negligence, shall we be liable to you or any other person or entity for any direct, indirect, incidental, special, or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from circumstances, including but not limited to:

1. the use or the inability to use the website and/or services; or
2. the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received, or transactions entered through or from the website or

• unauthorized access to or alteration of your transmissions or data;

1. statements or conduct of any third party on the website and/or services; or
2. any other matter relating to the website and/or services.

We or any of our respective distributors, resellers, suppliers and service providers should be relieved of all its responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond our reasonable control including but not limited to, acts of God, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond the reasonable control of Diamond Petals.  

You further agree and acknowledge that neither us nor any of our foregoing entities’ respective distributors, resellers, suppliers, and service providers will be held liable or responsible for any of the following:

1. incompatibility between the website and/or services and any other service, website, hardware or software;
2. any failure or delays that might be experienced with any transactions or transmissions relating to Diamond Petals website in a timely or accurate manner.

Those who access the website and do so, on their own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws.

Unauthorized reproduction and distribution of our Copyright Work via the internet without our express permission constitute copyright infringement under the Copyright Act of Australia, 1968. Your act of infringement of our copyright and proprietary right makes you liable for action in law that includes prosecution under the Australian applicable laws.

In the event of breach of the terms and conditions, the user shall be liable to indemnify us for all the costs, losses and damages caused as a result of such a breach.

I HAVE READ THE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.