Terms & Conditions

Terms & Conditions

Introduction

The information on this page relates to the Dia website located at www.diaguild.com (the Site) and operated by Dia Guild Sdn Bhd, also known as Dia (the Company). The Company manages, maintains, and updates the Site for your use. By using the Site, you accept and agree to be legally bound by and comply with the Terms and Conditions as mentioned below and all applicable laws.

If you do not agree to any provision of the Terms and Conditions, please do not access this site. 


License and Site Access

Dia grants you a limited license to access and make personal use of this site. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. 

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent by the Company. You may not use any metatags or any other hidden text using the Company’s name or trademarks without the Company’s express prior written consent. Any unauthorised use will automatically terminate the license granted above.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Site so long as the link does not portray Dia, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive manner. If requested by the Company, you must remove any hyperlink to this website contained on your website or any other digital content. You may not use any Dia logo or other proprietary graphic or trademark as part of the link without the Company’s express prior written consent.

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis.


Our Relationship

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Dia as a result of the Terms and Conditions or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Dia, and we shall not be liable for any representation, act, or omission on your part.


Intellectual Property

All content, information, data, text, illustrations, photographs, images, products, artwork, designs, video, audio, logos and trademarks provided on this Site (collectively the “Content”) are owned by Dia or its affiliates or its content suppliers and are protected by worldwide copyrights, trademarks, patents, trade secrets, or other proprietary rights.

The Content on this Site, and the Site as a whole, are intended solely for personal non-commercial use by users of this Site. You may download various materials from the Site for non-commercial use provided that you follow all copyright and other proprietary notices including but not limited to these Terms and Conditions. You may not distribute, modify, transmit, or use in any way the content of this Site for public or commercial use without the Company’s prior, direct, written permission. Use of any Content for any purpose not expressly permitted in the Terms and Conditions is prohibited. Copyrighted material on the Site may not be used without express prior authorization by the Company.  Requests for permission to use the copyrighted material on the Site should be made by contacting us via email at kylie@diaguild.com.


Content

Dia tries to ensure that the Content and information on this site is accurate and complete. The Company does not promise that its Content is accurate or error-free. The Company does not promise that the functional aspects of the Site or the Company’s Content will be error free or that this Site, Dia Content, or the server that makes it available, are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up-to-date virus checking software installed.

Opinions expressed on the Site are the personal opinions of the authors and do not reflect the views of the Company. By posting on the Site and/or its affiliated digital media platforms, including but not limited to its social media platforms, you agree to be solely responsible for the content of all information you contribute. You also grant Dia a right to use any content you provide for its own purposes including republication in any form or media. The Company reserves the right at its sole discretion not to publish or to remove any Content, including user comments and content, including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, and information you consider confidential should not be posted to this site.

The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Dia and we accept no responsibility for any such views expressed in any media.


Eligibility to Purchase

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing Information provided.

Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. 

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.


Pricing

All prices are correct at the time of the online publication and prices are subject to change without notice. From time to time, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted. Online pricing may differ from prices available elsewhere.

Prices shown on the Site are in United States Dollars (USD $). If you are a customer whose credit/debit card is not denominated in USD $, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.


Products

The availability and selection of products for sale on the Site are subject to supply. All product descriptions, specifications, colors, and prices are subject to change by the Company at any time without notice. Please note that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered herein.


Orders

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

Unforeseen supply problems or unexpected demands may occasionally result in stock being unavailable, however, all items are promoted in good faith to be available at the time of ordering.

Once an order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order will be completed when we email you to confirm the goods have been dispatched. The language of the sale contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of the Company.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within these Terms and Conditions.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.


Payment

Payment can be made using any methods which may be clearly advertised on the Site from time to time, including but not limited to using a specified card issuer or payment platform. You confirm that the credit/debit card or other payment method that is being used is yours or that you have been specifically authorised by the owner to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Dia, we will not be liable for any delay or non-delivery.

We take reasonable care to make our Site secure, including details of your order and payment. However,  in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

 

Third Party Sites

Dia may include links on this website to websites owned by other parties. The Company is in no way responsible or liable for the external sites linked to the Site nor is the Company liable or responsible for these sites’ contents, including advertising or products offered on these sites. Visiting any of these third party sites is at your own risk, and the Company is not responsible for any damage, offence, or loss caused as the result of visiting these third party websites. The Company recommends that you check the terms and conditions and specific privacy policy of any site, whether or not linked to our Site, before using the site or providing any personal information. The Company recommends that before you visit any website you check that your computer is running up-to-date virus checking software.


Copyright Policy

You may not post, modify, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information belonging to the Dia or its affiliates without obtaining the prior written consent of the owner of such proprietary rights.

In addition, Dia’s policy is to terminate the privileges and rights to use the Site of any user who has infringed the intellectual property rights of another, whether repeatedly or in a single instance, upon receipt of proper notification to the Company by the copyright owner or the copyright owner’s legal agent.  The Company is not obligated to monitor postings to determine copyright ownership, but we may so monitor if we choose at any time and from time to time. 

If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Site; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 


Disclaimer

The Site and its content are provided “as is” for your use. The material on this website is not and should not be regarded as advice. To the fullest extent permitted by law, Dia does not give any express or implied warranties and makes no representations in relation to this website. In particular, while reasonable care is taken in its preparation, the Company does not guarantee or warrant the accuracy, reliability, completeness or currency of the information on this website or its usefulness in achieving any purpose.

Information on this website should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so. You should make and rely upon your own assessments and enquiries to verify the accuracy of the information provided. Your use of this site is entirely at your own risk.


Limitation of liability 

Subject to the provisions of consumer protection legislation that cannot be excluded, Dia accepts no liability arising from the information on this website, or on websites linked from this website, being incorrect, incomplete or misleading. To the fullest extent permitted by law, the Company will not be liable for any loss, damage, cost or expense incurred in or arising by reason of any person relying on the information on this website. 

In no event shall Dia, any other party involved in the creation, development, or production of this Site, or any of their affiliates, be liable under contract, tort or otherwise, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, without limitation, loss of use, lost profits, loss of data or information of any kind, or loss of business goodwill or opportunity) arising from or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site, regardless of whether or not the Company, any other party involved in the creation, development, or production of this Site, or any of their affiliates,has been advised of the possibility of such loss or damages, except where prohibited by law. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions and limitations may not apply to you, and you may have additional rights. 


Indemnification of the Company

You agree to defend, indemnify and hold Dia and its affiliates harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising from or in connection with your use or misuse of this Site and the Content or your violation of any provision of these Terms and Conditions.


International Use

Accessing this Site or the Content from territories in which this Site or the Content is illegal is prohibited. You agree that if you choose to access this Site or its Content, you do so on your own initiative and are solely responsible for compliance with international and local laws.


Dispute Resolution

If there is a dispute about these Terms and Conditions or your use of this Site it shall be resolved exclusively by the courts of Malaysia.


Changes to the Terms and Conditions

The Company reserves the right to modify and revise the Terms and Conditions at any time by updating this page. You will not be notified on any such modifications; therefore, it is your responsibility to review the Terms and Conditions page periodically. Your continued use of the Site after the effective date of the changes to the Terms and Conditions constitutes your agreement and acceptance to such changes. 


Questions or Comments

For questions or comments about these Terms and Conditions, please email us at kylie@diaguild.com.