1. About the Website

(a) Welcome to www.rarecoinsmelbourne.com.au (the “Website”). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website and providing the services as defined in website (the ‘Services’).

(b) The Website is operated by Rare Coins Melbourne (ABN 15 720 385 337) (“RCM”).. Access to and use of the Website, or any of its associated Products or Services, is provided by RCM. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/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 the Services immediately.

(c) RCM reserves the right to review and change any of the Terms by updating this page at its sole discretion. When RCM updates the Terms, it will use reasonable endeavors to provide you with notice of updates to 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

You accept the Terms by remaining on the Website.

3. Registration to use the Services

(a) In order to access the Services, you must first register for an account through the Website (the ‘Account’).

(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
i. Full Name
ii. Email address
iii. Mailing address
iv. Telephone number

(c) You warrant that any information you give to RCM in the course of completing the registration process will always be accurate, correct and up to date.

(d) Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms.

(e) You may not use the Services and may not accept the Terms if:

i. You are not of legal age to form a binding contract with RCM; or

ii. You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a Member

As a Member, you agree to comply with the following and you will use the Services only for purposes that are permitted by:

(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify RCM of any unauthorized use of your password or email address or any breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of RCM providing the Services;
(f) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of RCM;
(g) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(h) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by RCMfor any illegal or unauthorised use of the Website; and

(i) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Purchase of Products and Returns Policy

(a) In using the Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).

(b) Payment of the Purchase Price may be made through PayPal, direct deposit, cheque and/or credit card (the ‘Payment Gateway Providers’). In using the Services, you warrant that you have familiarized yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
(c) Following payment of the Purchase Price being confirmed by RCM, you will be issued with a receipt to confirm that the payment has been received and RCM may record your purchase details for future use.
(d) RCM may, at their sole discretion, provide a refund on the return of the Products within 30 days where the Product packaging is unopened and remains in the same condition as sold to you. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

6. Goods and Services Tax (GST) (Domestic Australia Only)

If GST is imposed on any Product or Services made by RCM, you must pay to RCM, in addition to any amount payable, an additional amount for the supply calculated by multiplying the prevailing GST rate. Any amount payable by you is payable on demand by RCM, whether such demand is made by an invoice or otherwise. GST collection does not apply, nor will be charged for goods and services paid for and delivered outside of Australia.

7. Warranty

(a) RCM’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonable foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’). The invoice acts as the Warranty.
(b) In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to RCM showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to RCM, PO Box 3088, Greensborough Vic 3088 or by email to info@rarecoinsmelbourne.com.au.
(c) Where the Warranty Claim is accepted then RCM will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will solely liable for any postage or shipping costs incurring in facilitating the Warranty Claim.
(d) The Warranty shall be the sole and exclusive warranty granted by RCM and shall be the sole and exclusive remedy available to you in addition to other rights under law in relation to the Products to which this warranty relates.
(e) All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
8. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

9. Copyright and Intellectual Property

(a) The Website, the Services and all of the related products of RCM are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) (the ‘Content’) are owned or controlled for these purposes, and are reserved by RCM or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or licensed by RCM, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are Member to:

i. Use the Website pursuant to the Terms;
ii. Copy and store the Website and the material contained in the Website in your device’s cache memory; and
iii. Printed pages from the Website for your own personal and non-commercial use.
RCM Website or the Services. All other rights are express are expressly reserved by RCM.
(c) RCM retains all rights, title and interest in and to the Website and related Services. Nothing you do or in relation to the Website will transfer any rights
i. business name, trading name, domain name, trade mark, industrial design, patent registered design or copy right, or
ii. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
iii. A thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
to you.

(d) You may not, without the prior written permission of RCM and the permission of any other relevant rights owners, broadcast, republish, up load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms.

10. Privacy

RCM takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to RCM Privacy Policy, which is available on the Website.

11. General Disclaimer

(a) You acknowledge that RCM does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
(b) RCM will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
(c) Noting in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consulter 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:
v. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
vi. RCM will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statue or otherwise.
(e) Use of the Website, the Services and any of the products of RCM, is at your own risk. Everything on the Website and the Services, and the Products, is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, licensors or RCM make any express or implied representation or warranty about the Content or any products or Purchase Services or any products or Services (including the products and Purchase Services of Rate Coins Melbourne) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
i. failure of performance, error, omissions, interruptions, deleted, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorized access to records;
ii. the accuracy, suitability or currency of any information on the Website, the 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 Services or any of the products of RCM; and
iv. the Content or operation in respect to links which are provided for the User’s convenience;
v. any failure to complete a transaction or any loss arising from e-commerce transacted on the Website; or
vi. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or consulting such conduct.

12. Limitation of Liability

(a) RCM’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of RCM is the resupply of information or Services to you.
(b) You expressly understand and agree that RCM, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) RCM 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 Purchase Services, whether posted or caused by users of the Website of RCM, by third parties or by any of the Purchase Services offered by RCM.

13. Termination of the Contract

(a) The Terms will continue to apply until terminated by either you or by RCM as set out below.
(b) If you want to terminate the Terms, you may do so by:
i. Notifying RCM at any time; and
ii. closing your accounts for all of the Services which you use, where RCM has made this option available to you.
(c) Your notice should be sent, in writing, to RCM via the ‘Contact Us’ link on our homepage.
(d) RCM may at any time, terminate the Terms with you if:
i. you have breached any provision of the Terms or intend to breach any provisions;
ii. RCM is required to do so by law;
iii. the partner with whom RCM offered the Services to you has terminated its relationship with RCM or ceased to offer the Services to you;
iv. RCM is transition to no longer providing the Services in the country in which you are resident or from which you use the Service; or
v. the provision of the Services to you by RCM is, in the opinion of RCM, no longer commercially viable.
(e) Subject to local applicable laws, RCM reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts RCM’s name or reputation or violates the rights of those of another party.

(f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and RCM have benefited from, been subject to (or which have accrued over time whist 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.

14. Dispute Resolution

(a) Compulsory:
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 clauses have been complied with (except where urgent interlocutory relief is sought).

(b) Notice:
A part to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

(c) Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must;
i. Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

ii. If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed;

iii. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with mediation;

iv. The mediation will held in Melbourne, Australia.

(d) Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as ‘without prejudice’ negotiations for the purpose of applicable laws of evidence.

(e) Termination of Mediation:
If 28 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

 

15. Venue and Jurisdiction

The Services offered by RCM is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Australia.

16. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

17. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advise and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

18. Severance

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.

Approved by

Alexander Pallent
Director
Rare Coins Melbourne