Terms and Conditions of voucher & promo code use.
1. Cannot be used in conjunction with any other offer.
2. No refunds unless required by law.
3. Online orders only.
4. Delivery in NZ only.
5. Only one voucher code can be used per order.
6. Vouchers can only be used once, in one transaction, and no change will be given.
7. Enter voucher code at checkout to redeem.
8. Vouchers expire on the date shown.
9. Discounts do not apply to Gift Cards unless otherwise stated.
Terms and Conditions of Use of this website.
1 Acceptance The Use Of Diamond Photo Terms and Conditions
Your access to and use of Diamond Photo is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
2. Terms of Membership
The Service is for personal use only. There is no fee for becoming a member and using the website to create a project. Members pay when placing an order via the shopping cart/checkout.
Diamond Photo membership ("Membership") is available to you if you are at least 13 years of age and submit certain requested information to Diamond Photo, including your name and correct email address. When you become a Member, you must provide Diamond Photo with true, accurate, current, and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms, or other informational requests).
3. Payment
You may pay for your order by credit card or discount voucher or a combination of both. Please refer to our Privacy Policy regarding credit card security.
4. Placing orders
When placing orders, you must tick the box "I am happy with how my product looks and that it is complete and ready for ordering".
Once an order is placed it cannot be amended or cancelled. Please note: actual product colours may vary from colours shown on your monitor. Colours can be verified by ordering a sample from our Site. If you have any questions, please Contact Us
Diamond Photo reserves the right to refuse, cancel and refund any orders placed on the website at the sole discretion of Diamond Photo.
5. Returns/Refunds/Replacements
If your order arrived damaged or defective, please Contact Us right away, quoting your order number. We'll let you know whether you need to return the item or send a photograph. If you do need to make a return simply send your order, in the original packaging if possible, along with the order number. When we receive the returned item or photograph we will then organise the replacement. Diamond Photo will not be responsible for any return postage costs unless the product is faulty AND we have requested for it to be returned.
For any further information please email Diamond Photo Customer Care.
6. Delivery of goods
Delivery is by courier to anywhere in New Zealand (excluding Chatham Islands). Usually you can expect to receive your order within 3 - 5 business days this can be up to 7 business days depending on your location and courier service times.
7. Change of Use
Diamond Photo reserves the right to:
7.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Diamond Photo shall not be liable to you for any such change or removal and.
7.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
8. Member Conduct
Users of the Service, whether or not Members, may not use the Service to Process Prohibited Content. Generally, Prohibited Content includes Content or other material that Diamond Photo believes:
a) Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
b) Comprises copyrighted material used without the express permission of the owner;
c) Violates or otherwise encroaches on the rights of others including their right to privacy;
d) Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively "Corruptive Code");
e) Advocates illegal activity;
f) Harms anyone, including minors; or,
g) Provides a link to any of the above;
Diamond Photo has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although Diamond Photo does not and will not examine or otherwise review all Content submitted or transmitted to the Service, Diamond Photo may delete, move, and edit Content for any reason, at any time, without notice.
All Content (whether private or public) that is Processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content. You may only upload Content where you have the consent of all persons pictured, including through your relationship with those persons.
Diamond Photo in no way guarantees the accuracy, quality or appropriateness of Content available through the Service.
9 Copyright
9.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Diamond Photo or otherwise used by Diamond Photo as permitted by law.
9.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
9.3 Diamond Photo claims no ownership rights to any images you submit to the Service. You grant to us and to our third party service providers, a perpetual, worldwide, non-exclusive, transferable, royalty-free, copyright licence to copy, reproduce, display, modify, adapt or alter, transmit, and distribute your images for the purpose of allowing us to fulfill your orders, and for the purpose of allowing you to use our service. Provided we comply with our obligations under these Terms, you warrant that you will not make any claim against us or our third party service suppliers, for any use, publication or copying of your Photos and Materials and you waive all rights of action or other claims you may have now or in the future against us in respect of any such use, publication or copying.
10 Disclaimers and Limitation of Liability
10.1 The storage on this website is not a backup service. It is your responsibility to backup your data and photos. Diamond Photo will not be liable for any loss of data and photos.
10.2 Diamond Photo reserves the right to restrict individual account storage to a reasonable level. This level is entirely at the discretion of Diamond Photo.
10.3 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
10.4 To the extent permitted by law, Diamond Photo will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
10.5 Diamond Photo makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
10.6 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Diamond Photo for death or personal injury as a result of the negligence of Diamond Photo or that of its employees or agents.
11 Indemnity
You agree to indemnify and hold Diamond Photo and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Diamond Photo arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
12 Severance
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
13 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand.
14 User data Storage
Every time a project is saved, a new version of it is generated. We keep the latest version, or the checked out version of a project for an indeterminate duration.
Uploaded photos are kept in storage as long as they are referenced by a project. To be considered referenced, a photo must be placed in a placeholder location within the project.