Terms of Use

About the Website

  1. Welcome to www.lavanadiamonds.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
  2. The Website is operated by Moissanite International Pty Ltd trading as Lavana Diamonds (ABN 40 605 032 237) (‘Lavana’). Access to and use of the Website, or any of its associated Products or Services, is provided by Lavana. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
  3. Lavana reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Lavana in the user interface.

Registration to use the Purchase Services

  1. In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
    1. Email address
    2. Mailing address
    3. Telephone number
    4. Password
  2. You warrant that any information you give to Lavana in the course of completing the registration process will always be accurate, correct and up to date.
  3. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
  4. You may not use the Purchase Services and may not accept the Terms if:
    1. you are not of legal age to form a binding contract with Lavana; or
    2. you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

Your obligations as a Member

  1. As a Member, you agree to comply with the following:
    You will use the Purchase Services only for purposes that are permitted by:

    1. the Terms;
    2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    3. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
    4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Lavana of any unauthorised use of your password or email address or any breach of security of which you have become aware;
    5. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Lavana providing the Purchase Services;
    6. you will not use the Purchase Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
    7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Lavana for any illegal or unauthorised use of the Website; and
    8. you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

Copyright and Intellectual Property

  1. The Website, the Purchase Services, jewellery designs and all of the related products of Lavana are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Lavana or its contributors.
  2. Lavana retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
    1. the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of Lavana; or
    2. the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
    3. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
  3. You may not, without the prior written permission of Lavana and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in  public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Privacy

Lavana takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Lavana’s Privacy Policy, which is available here.

Description of Goods

  1. All diamond carat weights and sizes are approximate, with total weight may varying 0.05 carats from stated weight.
  2. Items on the Lavana website may appear larger or smaller than their actual size. Colour and size may vary when viewing product photography.

Information and Prices

  1. Information and prices of each jewellery piece or stone on the Lavana website are subject to change at Managements discretion without notice. Information that we communicate is not a binding contract and should not be treated as such. The sole remedy of a customer acting on incorrect information is to request a cancellation of the order placed as a result of this incorrect information.
  2. Lavana endeavours to provide updated and accurate information on our website, emails, SMS, social media, chats and telephone communications, in terms of information and prices, it is possible errors can occur, or that an item may not have been updated at the particular time of purchase. Inadvertent errors or inaccurate advertised prices are not binding on Lavana, and Lavana reserve the right to correct any and all errors when they do occur. In such rare cases, and once an order is placed with a lower product product’s listed price than the actual price, Lavana will notify the customer as soon as Lavana receives the order, and before processing, and will see how you – the customer – would like to proceed by way of cancellation or adjustment.

General Disclaimer

  1. You acknowledge that Lavana does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
  2. Lavana will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
  3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  4. Subject to this clause, and to the extent permitted by law:
    1.  all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
    2.  Lavana will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising  out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  5. Use of the Website, the Purchase Services, and any of the Products of Lavana is at your own risk. Everything on the Website, the Purchase Services, and the Products of Lavana, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Lavana make any express or implied representation or warranty about its Content or any products or  Purchase Services (including the products or Purchase Services of Lavana) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
    1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
    2. the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
    3. costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
    4. the Content or operation in respect to links which are provided for the User’s convenience;
    5. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
    6. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

Limitation of Liability

  1. Lavana’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under  contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Lavana is the resupply of information or Purchase Services to you.
  2. You expressly understand and agree that Lavana, its affiliates, employees, agents, contributors, third party content  providers and  licensors shall not be liable to you for any  direct,  indirect,  incidental,  special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
  3. Lavana is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether  posted or caused by users of the website of Lavana, by third parties or by any of the Purchase Services offered by Lavana.

Termination of Contract

  1. The Terms will continue to apply until terminated by either you or by Lavana as set out below.
  2. If you want to terminate the Terms, you may do so by:
    1. notifying Lavana at any time; and
    2. closing your accounts for all of the Purchase Services which you use, where Lavana has made this option available to you.
      Your notice should be sent, in writing, to Lavana via the ‘Contact Us’ link on our homepage.
  3. Lavana may at any time, terminate the Terms with you if:
    1. you have breached any provision of the Terms or intend to breach any provision;
    2. Lavana is required to do so by law;
    3. the partner with whom Lavana offered the Purchase Services to you has terminated its relationship with Lavana or ceased to offer the Purchase Services to you;
    4. Lavana is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
    5. the provision of the Purchase Services to you by Lavana is, in the opinion of Lavana, no longer commercially viable.
  4. Subject to local applicable laws, Lavana reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Lavana’s name or reputation or violates the rights of those of another party.
  5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Lavana have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Indemnity

  1. You agree to indemnify Lavana, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
    1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
    2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
    3. any breach of the Terms.

Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising  out of or  in  any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

October 2019