These Terms of Use (“Terms”) govern your use of our websites located at thecollectorsmark.com.au, thecollectorsmark.com, collectorsmark.com.au, thecollectorsmark.au and any related sites, services and/or apps (“Site”) and form a binding contractual agreement between you, the user of the Site (“you”, “User”) and us, The Collectors Mark Pty Ltd ACN 656 821 242 (“The Collectors Mark”, “us”, “our”, “we”).
These Terms were posted on 08 April 2022. Previous versions of the Terms are available at https://thecollectorsmark.com.au/page/Archive
The Site acts as an online marketplace to allow Users who comply with the Terms to offer, auction, sell, and buy items from other Users. The Site enables interactions between you and us and provides you with a platform to buy, sell, communicate and arrange payment for products and services.
Payment processing on the Site is provided by Stripe Payments Australia Pty Ltd ACN 160 180 343 (“Stripe”) and is subject to separate terms and conditions which you can review at stripe.com. Access to and use of the Site, or any of its associated Services, is provided by us.
These Terms are important and you must ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us at thecollectorsmark.com.au/Contact.
1. Definitions
1.1 In these Terms, the following words and expressions shall have the following meanings:
Bidder means a person who bids for an Item or makes an offer on the Site in an auction style listing pursuant to these Terms.
Buyer means a Bidder who has made the highest bid in an auction or a person who otherwise places an order with a Seller using the “buy it now” option, or a person whose offer is otherwise accepted by a Seller for an Item on the Site pursuant to these Terms.
Final Purchase Price means the highest bid price at an auction conduced for an Item using the Site, the price stated by the Seller in the “buy it now” option if that option is selected by the Buyer or the price that the Seller has otherwise accepted from the Buyer in respect of an Item (as applicable).
Item means a good or classified service listed for sale at the Site pursuant to these Terms.
Rating means ratings and feedback comments to be posted by a User regarding another User in relation to a completed or an uncompleted transaction using the Site.
Seller means a User who listed an Item for sale at the Site pursuant to these Terms, whether an Item is sold or not.
Services means the online shopping and auction platform and all other services offered by us on the Site.
User means a user of the Site, including but not limited to a member of the Site, a Bidder, a Buyer or a Seller, and unless the context requires otherwise, includes you.
2. Acceptance of the Terms
2.1 By using the Site, registering for the Services and/or making any payment as required under the Terms, you acknowledge and expressly agree that you have had sufficient chance to read and understand the Terms and you agree to be legally bound by them. You may also accept the Terms by clicking “I agree to these Terms and Conditions” where this option is made available to you in the User interface.
2.2 By using the Site and Services offered by us, you hereby waive any and all claims challenging the applicability or binding nature of the Terms. These Terms apply to all Users of the Site, including without limitation users who are Buyers, Sellers, merchants, contributors of content, information and other materials or services on the Site.
2.3 If you do not agree to the Terms, you must not use the Site or any of its products or Services, immediately.
2.4 We reserve the right to review and change any of the Terms by updating this page at our sole discretion. When we update the Terms, the Site will use reasonable endeavours to provide you with notice of updates of the Terms on the Site. Any changes to the Terms take immediate effect from the date of their publication and your continued use of the Site or the Services provided on the Site following the posting of any amendments will mean that you accept any updated Terms. Before you continue, we recommend you keep a copy of the Terms for your records. You should also periodically check to see what amendments if any have been made to the Terms.
2.5 These Terms shall override any contrary terms or conditions published by us or appearing on this Site pertaining to Users.
3. The Services
3.1 In order to access the Services, each User is required to register for an account through the Site.
3.2 As part of the registration process, or as part of your continued use of the Services, you must honestly and accurately provide up to date personal information about yourself (such as identification or contact details, including:
(a) Name;
(b) Address;
(c) Phone number; and
(d) Email address.
3.3 You warrant that any information you give to us in the course of completing the registration process will always be accurate, correct and up to date.
3.4 Once you have completed the registration process, you will be a registered User of the Site.
3.5 You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with us; or
(b) you are a person barred from receiving the Services under the laws of Australia or any other country including the country in which you are a resident or from which you use the Services.
4. Obligations as a User
4.1 As a User, you warrant to us that you have the legal capacity to enter these Terms and you agree to comply with the following:
(a) You will not share your profile with any other person;
(b) You will use the Services solely for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) You have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in immediate cancellation of the Services to you;
(d) Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify us or any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) You agree not to harass, impersonate, stalk, threaten another User of the Site (where interaction with other Users is made available to you);
(f) You must not add any content to the Site:
(i) unless you hold all necessary rights, licences and consents to do so;
(ii) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(iii) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(iv) that would bring us, or the Site, into disrepute;
(v) that would breach any of our policies or rules; or
(vi) that infringes the intellectual property or other rights of any person.
(g) Access and use of the Site is limited, non-transferable and allows for the sole use of the Site by you for the purposes of receiving the Services;
(h) You will not use the Services or Site for any illegal and/or unauthorised use which includes collecting personal information of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing or linking to the Site.
(i) You agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from User profiles without notice and may result in termination of the Services. Appropriate legal action may be taken by us for any illegal or unauthorised use of the Site;
(j) You acknowledge and agree that any automated use of the Site or its Services, including the use of any robot, scraper, spider, scripting tool, is prohibited without our express permission in writing; and
(k) The method of delivery of the each Item is based on the arrangements set by the Seller. The Item may not be collected by the Buyer or be delivered to the Buyer by shipper, courier or other method not specified by the Seller.
5. Fees
5.1 We will charge the following fees (in aggregate, the “Fee”) for the use of Services:
(a) 6% of the Final Purchase Price in respect of a sale of an Item made using the Site; plus
(b) any listing enhancement fees selected by the Seller at the time of listing of an Item for sale. The Seller acknowledges that the listing enhancement fees are optional fees for listing enhancements available to the Sellers. Listing enhancement fees are clearly defined on the “Create Listing” page. Listing enhancement fees must be selected by the Seller for them to apply.
The Fee is payable in full by the Seller within 7 days of the sale of the relevant Item by the Seller and the issue by us of an invoice for the Fee.
5.2 If the Seller does not pay the Fee in accordance with clause 5.1, we reserve the right to process the payment of any part of the Fee which is outstanding via Stripe. The Seller acknowledges that we do not hold any credit card details provided by the Seller during the listing of an Item on the Site. The details are held by Stripe on separate terms and conditions which you can review at stripe.com.
5.3 We reserve the right to change the fees or to introduce new fees charged for any existing or new Services at any time. Before listing an Item, you should review our fees to ensure you are aware of the amount of fees you will incur.
5.4 Any attempt by a User to circumvent any of our fees will result in termination of the listing, post-sale assessment and/or cancellation of the Services for that User.
6. Provisions relating to Sellers
6.1 Your obligations as a Seller:
(a) If you are a Seller, you must ensure that the Item being listed for sale is accurately described. By listing an Item, you are making an irrevocable offer to sell the Item to the Buyer at the agreed price unless:
(i) you have good reason to suspect that the Buyer is not who they purport to be; or
(ii) the Buyer fails to meet the terms of payment as stipulated by you in your listing.
6.2 Forbidden Dealings:
(a) In respect of an auction, you shall not:
(i) email or contact by any other means the Bidder in an open auction being run by a different Seller, offering similar or the same Items at any price level (also referred to as bid siphoning);
(ii) manipulate the price of the Item listed by you, either by using a secondary account, an alias or third party or by self-bidding (also referred to as shill-bidding);
(iii) buy Items from a Seller just to increase their rating.
6.3 As a Seller, you agree to:
(a) promptly resolve any listing issues;
(b) ship Items on time, within your specified handling time;
(c) charge reasonable shipping and handling costs;
(d) specify shipping costs and handling time in the listing;
(e) respond to Buyers' questions promptly;
(f) be helpful, friendly, and professional throughout a transaction;
(g) ensure the Item is delivered to the Buyer as described in the listing; and
(h) contact us in all cases of non-paying Bidders or Buyers.
6.4 Everything listed on the site by a Seller must be legally allowed to be sold under the laws of Australia. For example, the following categories of illegal Items are prohibited to be listed on the Site: militaria.
7. Provisions relating to Buyers
7.1 Your obligations as a Buyer:
(a) If you, as a Bidder or Buyer, have been notified that your bid or offer has been successful at the end of the auction, or, you have selected the “buy it now” sale, or the Seller has otherwise accepted your offer, you must complete the transaction in the manner specified. By making a bid for an Item or other offer to purchase an Item, you warrant and represent to the Seller that you have the legal right to enter into and complete the transaction and have sufficient funds to pay the Final Purchase Price.
(b) The Buyer must contact the Seller at the end of the sale with a view to making arrangements for the completion of the transaction and delivery arrangements.
(c) You must pay to the Seller the Final Purchase Price and the postage and handling fee nominated by the Seller, in full once the total amount due is confirmed to you by the Seller.
(d) Bids are not retractable by the Bidder except with the Seller’s agreement.
7.2 As a Buyer, you agree to:
(a) read and understand the full Item listing before making a bid or commitment to buy;
(b) enter into a legally binding contract with the Seller to purchase an Item when you commit to buy an Item, your offer for an Item is accepted, or if you make the highest bid (or your bid is otherwise accepted);
(c) make payment for an Item in a timely manner as is necessary to ensure safe and prompt delivery of your Item. Timely payment usually means 48 hours or less, or any payment timeline as outlined by the Seller in the Item listing;
(d) not request or demand a change to the shipping method or delivery location, other than those specified in the listing by the Seller;
(e) not request or demand a change to the payment method or timing, other than those specified in the listing by the Seller;
(f) not request or demand a partial refund or discount not covered by the original listing under threat of negative rating;
(g) not request or demand additional Item or services that are outside of what is contained in the listing posted by the Seller;
(h) not to ask a Seller to falsely declare an Item as a gift on a customs form or encourage any other illegal activity.
7.3 If a Buyer does not pay the Final Purchase Price, we may suspend or cancel the Buyer’s account.
8. Ratings, Messages and Forum Boards
8.1 The Site provides:
(a) a channel for the Users of this Site to leave a rating and comment on the trade conduct of any Seller, Bidder or Buyer with whom they have had dealings;
(b) a member-to-member contact option which enables Users to send messages to other Users through the Site; and
(c) a forum or chat with other Users or a question and answer type discussion which allows Users to ask and answer questions about an Item listed for sale.
8.2 You must use the rating system for leaving genuine and bona fide ratings and comments on the trade conduct of any Seller, Bidder or Buyer with whom you have had dealings. You must not take any actions which may undermine the integrity of the rating system, such as:
(a) leaving a rating for yourself using secondary User ID’s or third parties; leaving ratings for other Users using secondary accounts or third parties (also referred to as ‘rating bombing’); or
(b) leaving ratings if a User fails to perform some action that is outside the scope of the auction or purchase (also referred to as ‘rating extortion’).
8.3 When using the rating system, message system or forum boards, you are prohibited from any posting, sending, transmitting, uploading or otherwise publishing through the Site, any materials that is in breach of the Terms of this Site. This includes sharing contact information, email address, social media contact, website address, QR code, hashtags (#), active or non-active links of any nature.
9. Refunds
9.1 Since we are only a facilitator in introducing Users to each other and since we arrange all payment through Stripe, we do not hold any liability to any User and will not personally refund them any payments made in the use of Services.
9.2 Notwithstanding the above clause, if a User is unsatisfied with the Services provided by or believes that they may be entitled to a refund on the proceeds of any sale, then the User is required to:
(a) contact the Seller via the Site to directly to request a refund; and
(b) if contacting the Seller is not successful after 14 days, contact us through the “Contact Us” section of the Site outlining why you believe you are entitled to a refund so we are able to determine if the Seller should be suspended or removed from the Services.
10. Licence to use Site
10.1 We grant you a non-exclusive, worldwide, non-transferable, revocable licence while you are a User to:
(a) use the Site pursuant to the Terms;
(b) copy and store the Site and the materials contained in the Site in you device’s cache memory; and
(c) print pages from the Site for your own personal and non-commercial use.
10.2 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
10.3 All data provided on the Site is opinion only and is not professional, financial or legal advice. It is provided solely informational and you may decide to utilise it or not. This may include but is not limited to pricing, advice, newsletters, articles, ratings and authenticity.
10.4 The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
10.5 You acknowledge and agree that:
(a) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
(b) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
10.6 You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms.
10.7 We reserve the right in our absolute discretion to revoke, refuse, suspend or cancel the licence of a User at any time without notice. Any parameters, guidelines, methods, or otherwise used to determine inappropriate buying and or selling practices is fully confidential and under no circumstance will this information be disclosed to any person, entity, or otherwise for any reason at any time unless at the full discretion of our management.
11. Copyright and Intellectual Property
11.1 The Site, the Services and all of our related products are subject to copyright. The material on the Site 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 Site (including by not limited to text, graphics, logos, button icons, video images, audio clips, Site code, script, design element sand interactive features) or Services are owned or controlled for these purposes, and are reversed by us or its contributors.
11.2 All trademarks, service marks and trade names are owned, registered and/or licenced by us. We do not grant you any rights whatsoever in relation to the Site or the Services except under clause 10. All other rights are expressly reserved by us.
11.3 Nothing in these Terms constitutes a transfer of any intellectual property rights to you. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
11.4 By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
11.5 Where you broadcast, publish, upload, transmit, post or distribute any content on the Site., you grant to us a non-exclusive, transferable, perpetual, royalty free, irrevocable, worldwide licence to broadcast, republic, up-load to a third party, transmit, post, distribute show or play in public, adapt or change your content.
11.6 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
11.7 The consent in clause 11.5 will survive any termination of these Terms.
11.8 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 11.4 and 11.5.
12. Privacy
12.1 We take your privacy seriously an any information provided through your use of the Site and/or Services are subject to our “Privacy Policy” available at thecollectorsmark.com.au/Home/PrivacyPolicy.
13. Disclaimer and limitation of liability
13.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
13.2 Subject to this clause and to the full extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions (whether express or implied) which are not expressly stated in the Terms are excluded; and
(b) we 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, interruption of business, or damage to goodwill arising out of or in connect with the Services or these Terms (including as a result or 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.
13.3 You agree that we do not see or examine Items that are listed for sale and have no control whatsoever on the actual quantity, quality, safety, legality or the fitness for any purpose of the Item. We will not accept or assume any liability whatsoever in respect of any Items sold. While the Site has processes in place to review the veracity and propriety of listings and to vet Users, it cannot guarantee the truth, accuracy or legality of listings or the ability of Users to sell Items or the ability of Users to pay for Items they have bought. We cannot ensure that a User will actually complete a transaction or guarantee the true identity, age, and location of the User. You are advised to be careful in dealing with other Users to avoid fraud. We encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or payment processing services that provide additional user verification.
13.4 You agree that the Site is a marketplace only and as such, we are not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties on the Site.
13.5 Use of the Site and the Services is at your own risk. Everything on the Site and the Services 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 and licensors of us make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Stripe) referred to on the Site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, 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 unauthorised access to records.
(b) the accuracy, suitability or currency of any information on the Site, the Services, or any of its Services related products (including third party material and advertisements on the Site);
(c) costs incurred as a result of you using the Site or the Services; and
(d) the Services or operation in respect to links which are provided for your convenience.
13.6 You acknowledge that the Site and the Services are only intended to facilitate the interaction between Users and does not offer any services other than the Services and we owe no liability to you as a result of any conduct of the Users of the misuse of your data or content by any party (including other Users).
14. Indemnity
14.1 You agree to indemnity us, our affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffer or arising out of or in connection with your content on the Site;
(b) any direct or indirect consequences of you interacting, accessing, using or transaction on the Site or attempts to do so; and/or
(c) any breach of these Terms.
15. Termination
15.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.
16. Severance
16.1 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
17. Governing law and jurisdiction
17.1 All fees, prices and amounts are inclusive of GST and in Australian Dollars (AUD$) unless otherwise stated.
17.2 The Services offered by us are intended to be viewed and used by residents of Australia.
17.3 These Terms are governed by and construed according to the laws of New South Wales and each party submits to the exclusive jurisdiction of the courts of New South Wales.