Terms & Conditions
DIAMOND WOMAN WEBSITE TERMS & CONDITIONS
1.1 This disclaimer shall govern your use of our website.
1.2 By using our website, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website.
1.3 This website is provided “as is” without any representations or warranties, express or implied. DIAMOND WOMAN/DIAMOND BANK makes no representations or warranties in relation to this website or the information and materials provided on this website.
1.4 Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
1.5 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser; and
(c) print pages from our website,
subject to the other provisions of this disclaimer.
1.6 Except as expressly permitted by Section 1.5 or the other provisions of this disclaimer, you must not download any material from our website or save any such material to your computer.
1.7 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
1.8 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
1.9 DIAMOND WOMAN/DIAMOND BANK will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
0- for any direct loss
0- for any indirect, special or consequential loss; or
0- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
1.10 You must not:
1.10.1 use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
1.10.2 use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
1.10.3 use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
1.10.4 conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
1.10.5 use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
1.10.6 use data collected from our website to contact individuals, companies or other persons or entities.
You must ensure:
1.10.7 that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].
1.11 Registration and Accounts
1.11.1 to be eligible for an individual account on our website, you must be at least 18 years of age
1.11.2 you may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
1.11.3 you must notify us in writing immediately if you become aware of any unauthorised use of your account.
1.11.4 you must not use any other person’s account to access the website
1.12 User ID and Password
1.12.1 if you register for an account with our website, you will be asked to choose a user ID and password.
1.12.2 your user ID must not be liable to mislead. You must not use your account or user ID for or in connection with the impersonation of any person.
1.12.3 you must keep your password confidential.
1.12.4 you must notify us in writing immediately if you become aware of any disclosure of your password.
1.12.5 you are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
1.13 We may:
1.13.1 suspend your account; and/or
1.13.2 cancel your account;
at any time in our sole discretion without notice or explanation.
1.13.3 you may cancel your account on our website [using your account control panel on the website.
1.14 Your content: licence
1.14.1 in these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
1.14.2 you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media/reproduce, store and publish your content on and in relation to this website and any successor website/reproduce, store and, with your specific consent, publish your content on and in relation to this website.
1.14.3 you grant to us the right to sub-license the rights licensed under Section 1.14.2
1.14.4 you grant to us the right to bring an action for infringement of the rights licensed under Section 1.14.2
1.14.5 you may edit your content to the extent permitted using the editing functionality made available on our website.
1.14.6 without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of our content.
1.15 Your content: rules
1.15.1 you warrant and represent that your content will comply with these terms and conditions.
1.15.2 your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
1.15.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
a) be libellous or maliciously false;
b) be obscene or indecent;
c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
d) infringe any right of confidence, right of privacy or right under data protection legislation;
e) constitute negligent advice or contain any negligent statement;
f) constitute an incitement to commit a crime, include instructions for the commission of a crime or the promotion of criminal activity;
g) be in contempt of any court, or in breach of any court order;
h) be blasphemous;
i) be in breach of official secrets legislation;
j) be in breach of any contractual obligation owed to any person;
k) depict violence[in an explicit, graphic or gratuitous manner];
l) be pornographic[lewd, suggestive or sexually explicit];
m) be untrue, false, inaccurate or misleading;
n) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
o) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.
1.16 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
1.17 The limitations and exclusions of liability set out in this Section 1.17 and elsewhere in these terms and conditions:
1.17.1 are subject to Section 1.16; and
1.17.2 govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
1.18 We will not be liable to you in respect of:
1.18.1 any losses arising out of any event or events beyond our reasonable control.
1.18.2 any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
1.18.3 any loss or corruption of any data, database or software.
1.18.4 any special, indirect or consequential loss or damage.
1.18.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
1.19 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
a) send you one or more formal warnings;
b) temporarily suspend your access to our website;
c) permanently prohibit you from accessing our website;
d) block computers using your IP address from accessing our website;
e) contact any or all your internet service providers and request that they block your access to our website;
f) commence legal action against you, whether for breach of contract or otherwise; and/or
g) suspend or delete your account on our website.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
1.20 We may revise these terms and conditions from time to time. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions
1.21.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
1.21.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
1.22.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
1.22.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
1.23 Third party rights
1.23.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.
1.23.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
1.24 Subject to Section 1.16, these terms and conditions, together with [our privacy and cookies policy], shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
1.25 Law and Jurisdiction
1.25.1 These terms and conditions shall be governed by and construed in accordance with Nigerian law.
1.25.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Nigeria.
1.26 Our details
1.26.1 This website is owned and operated by DIAMOND WOMAN/DIAMOND BANK.
1.26.2 We are registered in Nigeria under registration number 161996, and our registered office is at Plot 4, Block V, BIS Way, Oniru Estate, Victoria Island, Lagos State of Nigeria.
1.26.3 You can contact us by writing to the business address given above, by using our website contact form, by email to [DiamondWoman@Diamondbank.com] or by telephone on 0700-300-0000.