Website Terms of Use

Welcome to our website. In these terms, when we say “we”, “our” or “us”, we are referring to www.BlackDiamondTransfers.com.au and when we say “you” or “yours” we mean visitors to this website. These terms of use regulate your use of this website.

1. Amendment of Terms
   We reserve the right to edit, change, add or remove portions of these terms at any time. Please check regularly to familiarize yourself with the current terms. When substantive changes are made we will use reasonable efforts to highlight such changes.By visiting this website, you are taken to have accepted these terms.  If you do not accept these terms, you must not use this website.
2. Liability
   It is a pre-condition of your use of this website that you accept that we are not legally responsible for any loss or damage that you may incur in relation to your use of this website, whether from errors or omissions in our information, any goods or services offered on our website, or from any other use of this website. This includes your reliance on any third party content, links, comments, or advertisements.

1. Permission to use the website
   You are permitted to use this website for legal purposes only.  You must not misuse this website.A breach or violation of any of these terms may result in an immediate termination of your use of the website and we may also instigate enforcement action or investigation without further notice to you.

   We reserve the right to refuse access to the website to any person, for any reason.  We don’t offer any assurances to you as to the maintenance of your access to the website. You may experience a disruption of service if there are issues with technology or for any other reason. We disclaim any liability for loss arising out of access to the website being refused, either by us or by a disruption attributable to the technology we use, to the maximum extent permitted by law.

   You must not use our website to:

• commit or encourage someone else to commit a criminal offence;
• transmit or distribute a virus, trojan, worm, or any other material which is malicious, or harmful, in breach of confidence or in any way offensive or obscene;
• hack into or attempt to breach any aspect of the website;
• corrupt data;
• cause annoyance to other users;
• infringe upon the rights of any other person’s proprietary rights;
• send any unsolicited advertising or promotional material;
• attempt to reverse engineer, copy or infringe on our intellectual property rights (including copyright) in the content on the website or the technology used to make it available to you; or
• attempt to affect the performance or functionality of any computer facilities of or accessed through the website.

1. Your use of the website
   When you use the website you are solely responsible for the consequences of your decision to share information with us. By using the website, you are permitting us to use your content without attribution, payment or any other commitment to you and you are representing that you are not violating or infringing anyone else’s rights in doing so.  You must not rely on us for the accuracy, completeness, validity for fitness for purpose of the content on the website.You are welcome to embed links to our website in your website, however you may not suggest a relationship between parties without our permission.

   Your use of the website does not confer any rights, title or interest in the intellectual property right subsisting in the content on the website. We do not grant any such rights to you. We reserve all of our rights in the content.

2. Third party content
   We may incorporate content created by third parties on the website. We do not guarantee the accuracy, completeness or validity of third party content and you must not rely on us in that context.If you follow a link to a third party website from our website, then your use of that other website will be subject to separate terms and policies. We are not responsible for managing third party websites and have no obligation to you in connection with your use of third party content.
3. Errors
   If you see an error on our website, whether it’s a typographical or substantive issue, we’d be grateful if you let us know. We reserve our right to correct errors, however they arise and we are not responsible for any reliance you may place on inaccurate information. We will do our best to address issues when we become aware of them.
4. Privacy
   We use information that we collect about you to best provide our services to you. We take your privacy seriously, and adhere to the Australian Privacy Principles. Please review our separate Privacy Policy carefully.
5. Important notice
   To the extent permitted by law (including Australian Consumer Law) you acknowledge and agree that:

• the website is provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied;
• any reliance on any content is at your own risk;
• we will not be responsible for inaccuracies or errors caused by incorrect information supplied to us by third parties;
• you must make your own assessment as to the suitability of the content of the website before you act on that decision.
• in the event of the sale of our assets or the event of our insolvency, your information may be transferred to a third party buyer without notice to or consent from you;
• you must indemnify us from and against any and all claims arising out of your use of the website.

1. Jurisdiction
   These terms are governed by the laws of Queensland and Australia. In the event of litigation, you consent to non-exclusive jurisdiction in their courts.

Privacy Policy
1. Your privacy is important to us. We take our responsibility for your privacy seriously and
share responsibility for the security of your information with you, as set out in this policy.
By using our website, you consent to this policy.
2. Collection of information
a. We collect personal information about you, including your name, email address,
and contact information when you submit a form, send us an email, or make a
purchase on the website.
b. We collect non-personally identifying information about you, such as your IP
address, browser type when you visit the website. We may use cookies to store
that information. We do this to personalise your experience on the website.
3. Marketing
We will collect personal information for marketing purposes.
4. Direct communication
We may send you direct communications from time to time (which we will do in
accordance with the Spam Act). You can manage your communication preferences by
opting out of our marketing emails (via the unsubscribe links), or through our website
settings, or by notifying us at the email at the end of this policy.
5. Sharing and Disclosure
We may share your information with service providers that we engage to deliver our
services to you. We share information with technology and marketing support partners
such as AWS, Facebook and Google. By using our website, you consent to our use and
disclosure of your personal information in the way we have described in this policy.
There may be circumstances in which we are legally required to disclose your personal
information, for example, certain tax investigations, audits, or any legal compliance.
6. Links to other websites
This policy does not apply to any use of websites that we link to on this website. You
should review and accept the privacy policies that apply to those sites.
7. Security
We take reasonable precautions to protect the security of your personal information. Our
company policies are established to mandate that employees, contractors and
representatives that need to access your personal information are the only persons
permitted to do so. Credit card information is encrypted, and is not stored on our servers.
Privacy Policy
8. Storing your personal information
We store your personal information using industry standard security measures. Our
support partners may store your information outside Australia and be subject to different
privacy policies. In the event of a security breach that compromises your Personal Data,
we will notify you in compliance with the applicable law.
9. Password
You should maintain a secure password for use on our website and you must not
disclose it to anyone. It is best practice not to use the same password for multiple
accounts.
10. Disclaimer
While we take the measures outlined in this policy to protect your personal information,
we will not have any liability arising from any unauthorised access to your personal
information.
11. Managing your personal information
You are entitled to review, manage and delete your account at any time. You can do this
on the website or by contacting us. If you delete your account, we may be required to
maintain a record of some of your information for compliance and regulatory purposes.
12. Contact
If you have a question or complaint about this policy, or would like to know what
personal information we store, you can contact us, and we will promptly respond. We
may charge a reasonable fee for such requests.
13. Policy Date
We intend on ensuring that our privacy policy is current, and it may therefore change
over time. We may edit this policy at any time, at our discretion, and any changes will
take effect when the modification is made live. Please return on occasion to review our
Privacy Policy. By continuing to use our website, you are deemed to have accepted the
updated policy