WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
(a) Welcome to www.valuablerare.com(the 'Website ').The Website provides you with an opportunity to browse and purchase variousproducts that have been listedfor sale throughthe Website (the 'Products '). The Website providesthis service by way of granting you access to the content on the Website (the 'Purchase Services').
(b) The Website is operated by ValuableRare. Access to and use of theWebsite, or any of its associated Products or Services, is provided by Valuablerare. Please read these terms and conditions (the 'Terms ') carefully. By using, browsingand/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.
(c) ValuableRare reserves the right to review and change any of the Termsby updating this page at its sole discretion. When ValuableRare updatesthe Terms, it will use reasonable endeavours to provide you with notice of updatesto the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue,we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
(a) You accept the Terms by remainingon 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 ValuableRare in the user interface.
3. Registration to use the PurchaseServices
(a) In order to access the PurchaseServices, you must first registeras 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 requiredto provide personal information about yourself (such as identification or contact details),including:
(i) Email address
(b) You warrant that any information you give to ValuableRare in the course of completing the registration processwill always be accurate, correctand up to date.
(c) Once you have completedthe registration process,you will be a registered member of the Website ('ValuableRare ') and agree to be bound by the Terms. As a Member you will be granted immediateaccess to the Purchase Services.
(d) You may not use the PurchaseServices and may not accept the Terms if:
(a) you are not of legal age to form a bindingcontract with ValuableRare; or
(b) you are a person barred fromreceiving the Purchase Services under the lawsof Australia or other countries including the country in which you are residentor from which you use the Purchase Services.
4. Your obligations as a Member
(a) As a Member, you agree to comply with the following: You will use the PurchaseServices only for purposes that are permittedby:
(i) the Terms;
(ii) any applicable law, regulation or generally acceptedpractices or guidelines in the relevantjurisdictions;
(iii) you have the sole responsibility for protecting the confidentiality of your passwordand/or email address.Use of your password by any other person may result in the immediatecancellation of the Purchase Services;
(iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Valuablerare of any unauthorised use of your password or email addressor any breach of security of which you have become aware;
(v) access and use of the Websiteis limited, non-transferable and allows for the sole use of the Website by you for the purposes of Valuablerare providingthe Purchase Services;
(vi) you will not use the PurchaseServices or Website for any illegal and/or unauthorised use which includescollecting email addresses of Members by electronicor other means for the purposeof sending unsolicited email orunauthorised framing of or linkingto the Website;
(vii) you agree that commercial advertisements, affiliate links, and otherforms of solicitation may be removed from the Website without notice and may result in termination of the PurchaseServices. Appropriate legal action will be taken by Valuablerare for any illegal or unauthorised use of the Website; and
(viii) you acknowledge and agreethat any automateduse of the Website or its PurchaseServices is prohibited.
5. Copyright and Intellectual Property
(a) The Website, the PurchaseServices and all of the related products of Valuablerare are subjectto copyright. The material on the Websiteis protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated,all rights (includingcopyright) in the site content and compilation of the website (including text, graphics, logos, buttonicons, video images, audio clips and software) (the 'Content ') are owned or controlled for these purposes,and are reserved by Valuablerare or its contributors.
(b) Valuablerare retains all rights, title and interestin and to the Websiteand all relatedcontent. Nothing you do on or in relation to the Websitewill transfer to you:
(a) the business name, tradingname, domain name, trade mark, industrial design,patent, registered design or copyrightof Valuablerare; or
(b) the right to use or exploita business name, trading name, domain name, trade mark or industrialdesign; or
(c) 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).
(c) You may not, withoutthe prior writtenpermission of Valuablerare and the permission of any otherrelevant rights owners:broadcast, republish, up-loadto a third party, transmit,post, distribute, show or play in public,adapt or change in any waythe 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.
7. General Disclaimer
(a) You acknowledge that Valuablerare does not make any terms, guarantees, warranties, representations or conditionswhatsoever regarding the Productsother than provided for pursuant to these Terms.
(b) Valuablerare will make every effort to ensure a Product is accurately depictedon the Website, however, you acknowledge that sizes, colours and packagingmay differ from what is displayed on the Website.
(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposedby law, including the AustralianConsumer Law (or any liability under them) which by law may not be limited or excluded.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representationsor conditions which are not expresslystated in these Terms are excluded; and
(ii) Valuablerare will not be liable for any special,indirect or consequential loss or damage(unless such loss or damageis reasonably foreseeable resulting from our failureto meet an applicable ConsumerGuarantee), loss of profit or opportunity, or damage to goodwillarising out of or in connection with the PurchaseServices or these Terms (including as a result of not being able to use the Purchase Servicesor the late supply of the PurchaseServices), whether at common law, under contract,tort (including negligence), in equity, pursuantto statute or otherwise.
(e) Use of the Website, the PurchaseServices, and any of the products of Valuablerare , is at your own risk. Everything on the Website,the Purchase Services,and the Products of Valuablerare, are provided to you on an "asis" and "as available" basis, withoutwarranty or condition of anykind. None of the affiliates, directors, officers, employees, agents, contributors, third party contentproviders or licensors of Valuablerare make any expressor implied representation or warranty about itsContent or any products or PurchaseServices (including the productsor Purchase Servicesof Valuablerare) referredto on the Website. This includes (but is not restricted to) loss or damage you might sufferas a result of any of the following:
(i) failure of performance, error,omission, interruption, deletion,defect, failure to correctdefects, 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 accessto records;
(ii) 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);
(iii) costs incurred as a result of you using the Website,the Purchase Servicesor any of the Products;
(iv) the Content or operationin respect to links which are providedfor the User's convenience;
(v) any failure to completea transaction, or any loss arising from e-commerce transacted on the Website;or
(vi) any defamatory, threatening, offensiveor unlawful conductof third partiesor publication of any materialsrelating to or constituting such conduct.
8. Limitation of Liability
(a) Valuablerare's total liability arising out of or in connection with the PurchaseServices or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent PurchasePrice paid by you under these Terms or where you have not paid the PurchasePrice, then the total liabilityof Valuablerare is the resupplyof information or Purchase Servicesto you.
(b) You expressly understand and agree that Valuablerare, its affiliates, employees, agents,contributors, third party content providers and licensorsshall not be liable to you for any direct, indirect,incidental, special consequential or exemplary damageswhich may be incurred by you, howevercaused and under any theoryof liability. This shall include,but is not limited to, any loss of profit (whether incurreddirectly or indirectly), anyloss of goodwill or businessreputation and any other intangible loss.
(c) Valuablerare 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 PurchaseServices, whether postedor caused by users of the websiteof Valuablerare, by thirdparties or by any of the Purchase Servicesoffered by Valuablerare.
9. Termination of Contract
(a) The Terms will continueto apply until terminated by either you or by Valuablerare as set out below.
b) If you want to terminate the Terms, you may do so by:
(i) notifying Valuablerare at any time; and
(ii) closing your accounts for all of the PurchaseServices which you use, where Valuablerare has made this option availableto you.
(c) Your notice should be sent, in writing, to Valuablerare via the 'ContactUs' link on our homepage.
(d) Valuablerare may at any time, terminatethe Terms with you if:
(i) you have breached any provision of the Terms or intendto breach any provision;
(ii) Valuablerare is required to do so by law;
(iii) the partner with whom Valuablerare offeredthe Purchase Servicesto you has terminated its relationship with Valuablerare or ceased to offer the Purchase Servicesto you;
(iv) Valuablerare is transitioning to no longerproviding the PurchaseServices to Users in the country in which you are residentor from which you use the service;or
(v) the provision of the Purchase Servicesto you by Valuablerare is, in the opinion of Valuablerare, no longer commercially viable.
(e) Subject to local applicable laws, Valuablerare reservesthe right to discontinue or cancel your membership to the Websiteat any time and may suspend or deny, in its sole discretion, your access to all or any portionof the Website or the Purchase Serviceswithout notice if you breach any provisionof the Terms or any applicable law or ifyour conduct impacts Valuablerare'sname or reputation or violates the rights of those of anotherparty.
(f) When the Terms come to an end, all of the legal rights, obligations and liabilities that youand Valuablerare have benefited from, been subject to (or which have accruedover 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.
(a) You agree to indemnify Valuablerare, its affiliates,employees, agents, contributors, thirdparty content providersand licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legalfees on a full indemnitybasis) incurred, suffered or arising out of or in connection with any Content youpost through the Website;
(ii) any direct or indirect consequences of you accessing,using or transacting on the Websiteor attempts to do so and any breach by you or your agentsof these Terms; and/or
(iii) any breach of the Terms.
11. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauseshave been complied with (except where urgent interlocutory relief issought).
A party to the Terms claiming a dispute ('Dispute ')has arisen under the Terms, must givewritten notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice ') by thatother party, the parties to the Terms ('Parties ') must:
(i) Within 180 days of the Notice endeavour in good faith to resolve the
Dispute expeditiously by negotiation or such other meansupon which they may mutuallyagree;
(ii) If for any reason whatsoever, 180 days after the date of the Notice,the
Dispute has not been resolved, the Parties must eitheragree upon selection of a mediator orrequest that an appropriate mediator be appointed by the Presidentof the or his or her nominee;
(iii) The Parties are equallyliable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediationand without limitingthe foregoing undertaketo pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Partiesmust each pay their own costs associated with the mediation;
(iv) The mediation will be held in Sydney, Australia.
All communications concerning negotiations made by the Parties arisingout of and in connection with this disputeresolution clause are confidential and to the extent possible, must be treated as"without prejudice" negotiations forthe purpose of applicable laws of evidence.
(e) Termination of Mediation:
If 180 days have elapsed after the start of a mediation of the Disputeand the Dispute
has not been resolved, eitherParty may ask the mediatorto terminate the mediation and the mediator must do so.
12. Venue and Jurisdiction
(a) The Purchase Services offered by Valuablerare is intended to be viewed by residents of Australia. In the event of any dispute arisingout of or in relationto the Website, you agree that the exclusive venue for resolvingany dispute shall be in the courts of New South Wales,Australia.
13. Governing Law
(a) The Terms are governedby the laws of New South Wales,Australia. Any dispute,controversy, proceeding or claim ofwhatever nature arisingout of or in any wayrelating to the Terms and the rights created herebyshall be governed, interpreted and construedby, under and pursuant to the laws of New South Wales Australia, withoutreference to conflictof law principles, notwithstanding mandatory rules. The validityof this governing law clause is not contested. The Terms shall be bindingto the benefit of the parties hereto and their successors and assigns.
14. Independent Legal Advice
(a) Both parties confirm and declare that the provisionsof the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not againstpublic policy on the groundsof inequality or bargaining power or generalgrounds of restraintof trade.
(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.