TERMS AND CONDITIONS

 

User’s Acknowledgment and Acceptance of Terms and Conditions

The myBullion.com.au website and its associated services and content (collectively “Website”) aims to comply with Australian Consumer Law.  By using, placing an order for products, or selling products through the website, you agree to the terms and conditions set forth below in this Terms and Conditions Agreement (“Agreement”).  This Agreement is made by and between myBullion and you, personally and, if applicable, on behalf of the entity for whom you are using the website (“you” or “your”).  This Agreement governs your use of the website and the products and services we offer on the website, including making purchases from myBullion, placing orders with myBullion, making sales to myBullion, and making sales as a vendor through myBullion.  If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the website and must discontinue your use immediately.

This agreement applies to all orders, purchases, and sales, made via the website. By using the website, you represent and warrant, without limitation, that you have read, understood, and agree to the terms of this agreement.  

We reserve the right to make changes to this agreement at any time and you agree that we may change the terms at any time.  You agree further that we may make changes to the website at any time in our sole discretion, for any reason or no reason and without prior notice to you.  You agree that if you continue to use the website after we have posted a change to this agreement, then you are bound by the most recent version of this agreement.

Ownership of Website and License

You acknowledge and agree that myBullion is the owner of and has rights in and to the website and its associated content, including but not limited to all intellectual property rights inherent therein. The website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the website for any purposes not explicitly stated in this agreement. Specifically, and except where otherwise allowed under this agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the website, whether in whole or in part, without the prior written consent of myBullion.

myBullion hereby grants you a limited, non-exclusive license to use the website for its customary and intended purposes. Violation of the terms of this Agreement or use of the website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the website or any portion of it will result in the termination of this license.

Absent prior written permission from myBullion, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the website or its content.  This license is revocable at any time, and any rights not expressly granted herein are reserved to myBullion.

Warranties, Representations, and Restrictions of Website Use

You warrant and agree that you have the right and legal capacity to enter into this agreement and to adhere to its terms and conditions.  You warrant that you are a human individual that is eighteen (18) years of age or older.  If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this agreement to your legal guardian for review.  Any minors under the age of thirteen (13) are prohibited from utilising the website and/or related services.

You warrant and represent that any and all information that you provide to myBullion and the website is accurate and valid.  You agree to comply in good faith with the terms and conditions of this agreement.

You will not use the website in any way that violates the rights of third parties, and you agree to comply with any and all applicable Australian Consumer Laws. You may not use any third-party intellectual property without the express written permission of the applicable third-party, except as permitted by law.  The website will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this agreement or otherwise, except as expressly set forth in this agreement.  You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the website, except as expressly set forth in this agreement.   You may not attempt to reverse engineer any of the technology used to provide the products and/or services.

In your use of the website and the products and/or services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the products and/or services, the website or any websites linked to the website; (iii) interfere with or damage the website or products and/or services, including, without limitation, through the use of viruses, cancel bots, trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the website or create or use a false identity; (v) attempt to obtain un authorised access to the website or portions of the website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the website or the products and/or services; (viii) use any meta tags or any other “hidden text” utilizing the myBullion name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the website; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the website or products and/or services; or (xi) assist any third party in engaging in any activity prohibited by this agreement.

Account Registration

When creating an account, placing an order, or selling on the website, you are agreeing to receive email and/or text notifications. You can opt out of these notifications at any time.

We may request that you submit certain personally identifiable information about yourself, including, but not limited to your first and last name,  email address, telephone number, mailing address, billing address, shipping address, credit card type, credit card number, credit card expiration date, and credit card security code.  We may also gather certain types of non-personal information about your visit to protect the security of our members, the website, or to make our products and services more beneficial to you.  All information gathered from you by us will be governed by our Privacy Policy, which is hereby incorporated into this agreement by reference.  Please carefully review our Privacy Policy.  By using this website, you agree to be bound by the terms of our Privacy Policy.  We reserve the right, and you authorise us, to use information regarding your use of this website, account registration, and any other personal information provided by you in accordance with our Privacy Policy. In the event of a conflict between the terms and conditions set forth in this agreement and our Privacy Policy, the terms of the Privacy Policy will control.

You have a duty to ensure that the information that you provide through your account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your account if and when that information changes. You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the website. myBullion reserves the right to restrict access to, monitor, suspend, disable, or delete your account at any time, in its sole discretion, and without prior warning.

You agree to keep your account secure from unauthorised access.  You will log in using your account password.  You should not reveal your password to others.  You agree that you alone are responsible for your account and associated user profile.  You accept full responsibility for any and all use of your account, whether authorised or unauthorised.  In the case of unauthorised access to your account, you agree to contact myBullion immediately.  You agree to hold harmless and indemnify myBullion for any damages that arise out of or in relationship to the use of your account.

Buying from myBullion

While myBullion aims to display accurate and detailed product photography, you acknowledge that all listings on the website show the type of item you will receive, not necessarily the exact item. In addition, you accept that the majority of items sold on myBullion are pre-owned and not sourced directly from the manufacturer so might bear some tarnish, milk spotting, discoloration, wear, or damage. 

Upon placing an order to purchase from myBullion, you have entered into a binding and legally enforceable agreement.  Prices and availability are subject to change, without notice. A completed order is denoted by our receipt of funds in our bank account. If any order is in error, due to myBullion’s fault or otherwise, we reserve the right to cancel the order. 

Selling to myBullion

When selling to myBullion, sale prices are calculated based upon the costumer’s good faith representation of the product and current spot prices.   However, myBullion reserves the right to require item receipt prior to locking in any and all sale prices.  Upon receipt of an item, myBullion will inspect it for authenticity, quantity, and condition.  If the items are not true to the custumer’s initial representations, myBullion reserves the right to make a revised offer or reject the transaction at their discretion.

Sales to myBullion must be shipped within 1 business day(s) and you must contact myBullion to provide a tracking number so that we can confirm that the item is en-route. Customers are responsible for all costs related to shipping items to myBullion.  All items must be received by myBullion within 10 business days. If myBullion does not receive the product within 10 business days and the delay is attributable to the carrier, myBullion may extend the deadline, in its sole and absolute discretion.  Customers are solely responsible for the items they ship to myBullion and up until myBullion confirms receipt of such products. myBullion is not responsible or liable for products that are lost or damaged in transit, whether being shipped to or from myBullion. 

Without limiting any other legal or equitable rights and remedies that may be available to myBullion, in the event of any failure by you to comply with this Agreement, myBullion may suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations as set forth in this Agreement.

Additional terms, including, without limitation, prices, payment methods, refund and cancellation policies, and exchange policies may be posted from time to time on the website.

Transacting Peer to Peer

While myBullion aims to maintain a trustworthy platform, you accept that there are risks when trading bullion online. You will not hold myBullion responsible for member listings, actions or inactions. We are not a party to the contracts for sale between buyers and sellers. myBullion does not have control over and does not guarantee the quality or authenticity of bullion items listed by members, the truth or accuracy of members’ content or listings, or the ability of members to fulfil their contractual obligations.

You should consider our review and ratings system before engaging with a member. If a member breaches any obligation to you, then you alone – not myBullion – is responsible for enforcing any rights that you may have. If you have a dispute with a member, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

If you choose to list an item, you may do so via a casual paid listing or at no cost with PRO status. Members with PRO status are able to have up to 5 concurrent listings at a time, with any more being charged the casual rate.

Fraud

We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected fraud. We may, in our discretion, require further authorisation from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.

Order Cancellations

myBullion reserves the right to refuse or cancel an order for any reason or for no reason at all, regardless of payment method or price confirmation, including without limitation, for orders deemed questionable or suspicious, for orders deemed to be a significant risk, for orders when the confirmed price is incorrect, and for abrupt movements in the precious metals market, and/or when myBullion does not receive payment within the allotted timeframe.

myBullion is not responsible for pricing or typographical errors and expressly reserves the right, in its sole and absolute discretion, to cancel any and all orders placed with respect to such items. In the event of a cancelled order myBullion will contact you directly with notification of the cancellation.

Return Policy

Once an order has been made and delivered there will be no eligibility to receive a refund. However, in some circumstances whereby dislike or dissatisfaction of any goods purchased has occurred with valid reason, for example you are in receipt of a product that differs substantially from the product image when purchased, this may be accepted as or constitute grounds to receive an exchange for a like for like item. This is at our discretion and must be initiated by contacting us within 24 hours of delivery. If approved, return of goods are at the customers expense. Any parcel returned to us due refusal to accept delivery or the customer not being available for delivery, will remain the responsibility and cost of the customer, and will not be accepted as a return product.

Shipment

Although most orders are shipped within one business day, in extreme circumstances shipment may take up to ninety (90) days from completed payment, depending upon the manner of delivery. Each package over $500 requires a signature upon delivery. Should anything happen while your package is in transit to you it will be covered by our insurance policy.

However, we will not accept responsibility if you have left instructions with any carriers or delivery service to leave parcels unattended for you without the need for a signature or if you have given them instructions to forward your package or leave your package with a third party.  When we ship to you, if a package is lost or damaged in transit, myBullion assumes responsibility to pursue any claim with the insurance company; provided, however, you agree to cooperate with us in filing a claim for damaged/lost merchandise in any manner we may reasonably request.  If we determine the package is lost or damaged, we will file a claim. Once the claim is filed, we reserve the right to re-ship your items or refund your money at our discretion.

Please note that myBullion will not be responsible for reimbursements or insurance claims on packages that are successfully delivered as addressed. Our liability and insurance ceases the moment the package is signed for or left at the specified delivery address. Any issues or problems with a shipment MUST be reported within 2 business days, else myBullion may have to refute any claims.

In the event that a package becomes lost in transit, it is your responsibility to notify myBullion of such within three (3) days of the anticipated delivery date. While myBullion will make reasonable efforts to locate the package, myBullion will not be held liable for packages lost in transit without notice within three (3) days of the anticipated delivery date. You are solely responsible for any packages, along with the contents and monetary value thereof, that are lost in transit without notification to myBullion within three (3) days of the anticipated delivery date.

Termination

Either myBullion or you may terminate this Agreement, for any reason, including convenience, with or without cause, at any time by written notice to the other party.  The termination of this Agreement shall not affect the rights and the obligations of myBullion or you with respect to the period prior to the date of termination.  In addition, failure to timely make payments to myBullion will result in termination of services as deemed appropriate by myBullion  .

Disclaimers, Exclusions and Limitations

CAUTION:  All investments, including coins and bullion, involve some degree of risk and are affected by numerous economic factors, all of which are beyond the control of myBullion.  You, and not myBullion, are responsible for such risk, including, without limitation, market volatility and inability to liquidate the products at an acceptable price, or at all.  Consult your investment or financial advisor prior to purchasing/selling and fully assess whether you possess adequate savings and income prior to considering such an investment.  You represent and warrant to myBullion that you have sufficient experience and knowledge to make informed financial decisions and that myBullion is not making any recommendation with respect to such purchases and/or such sales.

Disclaimer of Warranties

myBullion provides the website, the products, and services on an “as is” and “as available” basis.  mybullion does not represent or warrant that the website, its use, any information on it: (i) will be uninterrupted or secure, (ii) will be free of defects, inaccuracies or errors, (iii) will meet your requirements, or (iv) will operate in the configuration or with other hardware or software you use.  mybullion makes no warranties other than those made expressly in this agreement, and hereby disclaims any and all implied warranties, including without limitation, warranties of for a particular purpose, merchantability and non-infringement.

myBullion will not be held liable or responsible for any content posted on the website, including but not limited to any advice or marketing provided by any third party, any third party links posted on the website, or any content transmitted through the website. myBullion is a retail provider and does not assume responsibility for any error, omission, interruption, deletion, defect, destruction of identity, un authorised access to an account, or alteration thereof. myBullion reserves the right to discontinue the website at any time

myBullion will not be held liable for network, internet, computer, hardware, or software program malfunctions, failure, delays, or difficulties with the website at any time.

This website may contain forward looking statements that reflect mybullion ’s current expectation regarding future events and business development. the forward looking statements involve risks and uncertainties. actual developments could differ materially from those projected and depend on a number of factors, most, if not all of which, are outside of mybullion ’s control.

Please remember to always consult with your investment and financial advisor prior to purchasing.

All products are subject only to any applicable warranties. to the fullest extent permissible by applicable law, mybullion hereby disclaims all warranties of any kind, either express or implied, including without limitation, any implied warranties of merchantability, non-infringement, or for a particular purpose. without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.

Limitation of Liability

myBullion specifically disclaims any liability or responsibility for orders or sales placed via the mybullion online order entry system, for any losses or direct, indirect, consequential, incidental, or punitive damages that you may incur as a result of the use of the mybullion online order entry system, the website, and/or related products/services. myBullion shall not be responsible for errors, negligence, or inability to execute orders. Further, myBullion shall not be responsible for any delays in the transmission, delivery, or execution of your orders due to breakdown or failure of transmission or communication facilities, or for any other causes beyond myBullion ’s reasonable control. myBullion specifically disclaims any liability for the interruption, cancellation, or other termination of the myBullion online order entry system.

The website may contain technical inaccuracies or typographical errors or omissions. myBullion is not responsible for any such typographical, technical, or pricing errors listed on the website.

Indemnity and Release

You agree to defend, indemnify and hold myBullion and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners harmless from any and all claims and expenses, liabilities, losses, actions, damages, claims or demands, including reasonable attorneys’ fees, made by any third-party directly or indirectly relating to or arising out of (a) content you provide to the website or otherwise transmit or obtain through the products and/or services, (b) your use, purchase, and/or sale of the products and/or services, (c) your connection to the products and/or services, (d) your violation of this Agreement, (e) your violation of any rights of another, (f) your breach of any representation or warranty made by you to myBullion, or (g) your failure to perform your obligations hereunder.  If you are obligated to provide indemnification pursuant to this provision, myBullion may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense.  Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any claim without myBullion’s consent.

You are hereby agreeing to release the myBullion and its parents, subsidiaries, affiliates, officers, directors, agents, employees, licensors, members, shareholders, co-branders or other partners, employees, and advertising partners from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to, without limitation, such disputes and/or to the website and related products and services.

Relationship

The sole relationship between you and myBullion is that of purchaser-seller.  No other relationship, express or implied, including, without limitation, an agency, employee-employer, franchisee-franchisor, joint venture, or any partnership relationship exists.

No Waiver

Upon your failure to comply with your duties and obligations to myBullion, the latter reserves all rights and remedies available at law or in equity.  No delay or failure on the part of myBullion in exercising any right or any remedy shall operate or be construed as a waiver of that right or that remedy.  In addition, no partial exercise by myBullion of any right or any remedy shall preclude the further exercise of that right or that remedy or the exercise of any other right or any other remedy.  In the event that you fail to comply with this Agreement, you expressly authorise and grant to myBullion the right to charge you for any and all market losses incurred by myBullion, including, without limitation, administrative fees for accepting your orders to either buy from or sell to myBullion as a result of price and market fluctuations for which you did not fulfill.

No Assignment

You may not assign this Agreement, including your related rights and/or obligations, without express prior written consent of myBullion. Such consent may be granted or withheld by myBullion at its sole and absolute discretion.  This Agreement shall be binding upon and inure to the benefit any/all permitted assignees and successors of you and myBullion.

Force Majeure

You acknowledge and understand that if myBullion and/or the website are unable to provide the products and/or services as a result of a force majeure event, myBullion and/or the Website will not be in breach of any of its obligations towards you under this Agreement.  A force majeure event means any event beyond the control of myBullion and/or the Website. myBullion shall not have any liability to you whether in contract, warranty, tort (including negligence), or any other form of liability for failing to perform its obligations under this agreement to the extent that such failure is as a result of a force majeure event.

Severability

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Entire Agreement

This Agreement constitutes the entire agreement between you and myBullion and governs your use of the website, superseding any prior agreements.

Integration

myBullion hereby incorporates its privacy policy and its Copyright Policy into this Agreement. This Agreement and its incorporated Privacy Policy and Copyright Policy constitutes the entire agreement between the parties with respect to the use of the website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind myBullion.

Reservation of Rights

All rights not expressly granted herein are reserved to myBullion.