By using the website www.bullionlist.com.au and other services provided by Bullion List Pty. Ltd. ("Bullion List"), including making purchases from Bullion List, making sales to Bullion List and placing orders with Bullion List, you are agreeing to the following terms, including, without limitation, the terms available by hyperlink (the "User Agreement"). These terms apply to all orders, all purchases and all sales, whether made through the website, by telephone or otherwise.
Before you may place orders to purchase and/or to sell with Bullion List you must read and accept all of the terms in the User Agreement. Bullion List strongly encourages you, as you read this User Agreement, to access and to read carefully the Ordering Policy and Procedures available on the website.
This User Agreement is effective from 1/1/2012, for all existing customers and all existing users of the website and will be effective, upon acceptance for all customers and all new users of the website or otherwise. Purchases, Sales and Orders. You may make purchases, sell to and order from Bullion List only in accordance with the Ordering Policy and Procedures.
Disclaimers.
You are subject to the Disclaimers that have been made by Bullion List, which Bullion List encourages you to access and to read carefully, and to the other Disclaimers that are contained in this User Agreement and the other policies adopted by Bullion List.
In addition, you represent and warrant to Bullion List that you have sufficient experience and knowledge to make informed decisions to purchase from and/or sell to Bullion List. You expressly acknowledge that you are making all of your own decisions in connection with purchases and/or sales and that Bullion List is not making any recommendation with respect to such purchases and/or such sales. You also expressly acknowledge that you are subject to a variety of risks, including risks which are beyond the control of Bullion List, and you expressly acknowledge that Bullion List is not liable or responsible for those risks, for which you have sole responsibility. Those risks include, without limitation, risks associated with the price volatility of the products, particularly precious metals. Under certain market or other conditions (such as technological or other disruptions), you may not be able to liquidate the purchased products or, liquidate the purchased products at prices acceptable to you.
Risks.
All investments involve risk - coins and bullion are no exception. The value of a bullion product is affected by many economic factors, including the current market price of bullion and the perceived scarcity of the coins and other factors. Some of these factors include the quality and current demand and general market sentiment, therefore, because both bullion and coins can go down as well as up in value, investing in them may not be suitable for everyone. Since all investments, including bullion and coins, can decline in value, you should understand them well, and have adequate cash reserves and disposable income before considering a bullion or coin investment.
Indemnification.
You shall indemnify and hold harmless Bullion List and its affiliates, directors, officers and shareholders from and against any and all costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable attorneys' fees, that you may incur as a result of, or in connection with, (a) any breach of any representation or warranty made by you to Bullion List or (b) your failure to comply with this User Agreement or the policies adopted by Bullion List.
Limitation of Liability.
You are subject to the limitations of liability contained in this User Agreement, the Disclaimer and the other policies adopted by Bullion List. In the event that, notwithstanding such limitations of liability, Bullion List is determined to be liable to you in connection with any transaction between Bullion List and you pursuant to this User Agreement, the liability of Bullion List to you shall be limited to the greater of (a) the amount, if any, that you paid in such transaction or (b) $500. Bullion List shall not, in any event, be liable for any consequential, exemplary or indirect damages.
Privacy.
Bullion List has adopted the Privacy Policy, which you are encouraged to access and to read carefully.
Other Policies.
Bullion List has adopted the Disclaimer, the Ordering Policy and Procedures and the Privacy Policy and may, from time to time, adopt other policies in connection with the website and your use of the website, as well as purchases from, and sales to, Bullion List. All of these policies may be amended or terminated, at any time and from time to time, by Bullion List and such amendments and such terminations will take effect when posted on the Bullion List website. By purchasing from, making sales to or ordering from Bullion List, whether by telephone, through the website or otherwise, you are subject to such policies, with which you hereby agree to comply.
Export Compliance.
Every product that Bullion List sells is subject to all Australian export laws. No products may be exported or re-exported into, or to a national or resident of any country to which Australia has embargoed goods.
Termination.
Either Bullion List or you may terminate this User Agreement, with or without cause, at any time by written notice to the other party. The termination of this User Agreement shall not affect the rights and the obligations of Bullion List and you with respect to the period prior to the termination.
Default; Rights and Remedies.
Upon any failure by you to comply with your obligations to Bullion List, Bullion List shall have all of the rights and the remedies available to Bullion List, whether at law, in equity or otherwise, including, without limitation, rights and remedies under this User Agreement. Without limiting its rights and its remedies, Bullion List may turn your account over to a collection agency or a lawyer for collection. No delay or failure on the part of Bullion List in exercising any right or any remedy shall operate as a waiver of that right or that remedy and no single or partial exercise by Bullion List of any right or any remedy shall preclude other or further exercise of that right or that remedy or the exercise of any other right or any other remedy.
Our "Market Loss Policy"
Buy: When purchasing from Bullion List, once we have issued a confirmation number, the price is locked in for you and the transaction may not be cancelled, but only offset at our current ask price. Any deficit between the price at which we sold to you and the offsetting purchase price and/or prices, is your responsibility only if your item is cancelled or returned. That amount will be charged to you, plus a $75.00 (AUD) cancellation fee. That is our Market Loss Policy. Any market gain on cancellations shall remain the property of Bullion List.
Sell: When selling to Bullion List, once we have issued a confirmation number, the price is locked in for you and the transaction may not be cancelled, but only offset at our current buy price. Any deficit between the price at which we bought from you and the offsetting purchase price and/or prices, is your responsibility if we do not receive your items That amount will be charged to you, plus a $75.00 (AUD) cancellation fee. That is our Market Loss Policy. Any market gain on cancellations shall remain the property of Bullion List.
In addition to the other rights and remedies available to Bullion List, in the event of any failure by you to comply with this User Agreement, Bullion List may, without limiting its other rights and its other remedies, suspend or terminate your account. The suspension or the termination of your account shall not affect your obligations under this User Agreement and the Ordering Policy and Procedures. In addition to the other rights and remedies available to Bullion List, Bullion List may, without limiting its other rights and remedies, apply any of your funds in its possession to pay your monetary obligations to Bullion List and may offset any monetary obligations that Bullion List has to you against your monetary obligations to Bullion List. Bullion List may, at its discretion, apply funds in its possession, including, without limitation, amounts paid by you for other purchases or amounts payable by you for sales, to your obligations to Bullion List in such manner as Bullion List determines to be appropriate.
Absence of Relationship.
The sole relationship between Bullion List and you is a purchaser-seller relationship. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, between Bullion List and you exists.
Assignment.
You may not assign this User Agreement or any of your rights or your obligations under this User Agreement without the prior written consent of Bullion List, which may be granted or withheld by Bullion List in its sole discretion. This User Agreement shall be binding on all permitted assigns and successors of Bullion List and you.
Costs and Expenses of Collection.
In the event that Bullion List must take any action against you to enforce your obligations under this User Agreement, including, without limitation, turning your account over to a collection agency or a lawyer for collection, you shall pay all of the costs and the expenses incurred by Bullion List, including, without limitation, reasonable attorneys' fees, in connection with such action.
Dispute Resolution.
It is the common goal of Bullion List and you that any disagreement or dispute between Bullion List and you be resolved expeditiously. Bullion List and you agree that all disagreements and disputes between Bullion List and you be resolved in accordance with the following paragraphs:
Forum Selection.
The federal and state courts located in New South Wales, Australia shall have exclusive jurisdiction of all disagreements and all disputes. All disagreements and all disputes shall be resolved exclusively in such federal and state courts. You hereby consent to the personal jurisdiction of those federal and state courts for the purpose of resolving such disagreements and such disputes and waive all objections to the jurisdiction of such federal and state courts.
Governing Law.
This User Agreement shall be governed by, and interpreted in accordance with, the laws of New South Wales, without regard to conflict of laws principles.
Force Majeure.
If Bullion List cannot perform any obligation hereunder as a result of any event that is beyond its control, Bullion List's delay or failure to perform such obligation shall be excused and Bullion List shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
Further Assurances.
You shall execute and deliver such other documents and take such other actions as may be reasonably requested by Bullion List to carry out this User Agreement, including, but not limited to, official documents confirming your identity as required or requested by law.
Notices.
Except as otherwise provided in this User Agreement, all notices and other communications to Bullion List shall be directed to the registered agent of Bullion List Pty. Ltd. and all notices and other communications to you shall be directed, at the option of Bullion List, to the address that you provided to Bullion List at the time of your registration or to the email address that you provided to Bullion List at the time of your registration.
Recording of Phone Conversations.
Bullion List may record phone conversations between Bullion List and you. You consent to the recording of such phone conversations.
Absence of Waivers.
A decision or a failure by Bullion List to take action with respect to any non-compliance with this User Agreement does not affect the ability of Bullion List with respect to any other non-compliance with this User Agreement, whether of a similar or dissimilar nature.
Section Headings.
The section headings are included for ease of reference and do not affect the interpretation or the scope of this User Agreement.
Severability.
This User Agreement is intended to be enforceable to the fullest extent permitted by applicable law. If any term of this User Agreement is held to be unenforceable for any reason, such unenforceability shall not affect the other terms of this User Agreement and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.
Amendment.
Bullion List may amend this User Agreement at any time by posting the amended terms on the Bullion List website. Except as otherwise provided in the User Agreement, the amended terms will become automatically effective 30 days after their initial posting on the website.
This User Agreement may not be otherwise amended except by written agreement between Bullion List and you.
Entire Agreement.
This User Agreement sets forth the entire understanding between Bullion List and you with respect to the subject matter of this User Agreement.
If you have any questions with respect to this User Agreement or your rights and your obligations under this User Agreement, please contact Bullion List Pty. Ltd on +61 2 8677 1899.