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Terms and Conditions
This website can be accessed using the following URL domain name address: australianbullioncompany.com.au. It is operated by Australian Bullion Company (Aust) Pty Ltd (ABC) A.B.N 81 134 317 105. Your access to and use of this URL is subject to these “Terms”, the ABC “Privacy” statement, ABC “Copyright Notice” and any other terms contained on this website ("Terms").
Purchases and or bookings made from the ABC website will be via a security credential, which could include a user name and password, a digital certificate and or other secure technology.
1. What you MUST do
1.1 You are undertaking to use any of the ABC’s website domain in a responsible manner in accordance with these "Terms."
2. What you must NOT do
2.1 You must NOT:
(a) use any ABC’s domain URLs for any activities which includes but is not limited to posting or transmitting to or via any of our domain name addresses, any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standards or codes;
(b) use any ABC’s domain URLs in a way to post to or transmit to or via any ABC domain URLs, any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other user from using or enjoying any ABC domain URLs or its offerings;
(c) use any ABC domain URLs to send unsolicited electronic mail messages to anyone;
(d) make any fraudulent or speculative enquiries, bookings, reservations or requests using any ABC domain URLs ;
(e) use another's name, user name or password without permission;
(f) post, or transmit via any ABC domain URLs any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;
(g) tamper with, hinder the operation of or make unauthorised modifications to any ABC domain URLs ;
(h) knowingly transmit any virus or other disabling feature to any ABC domain URLs; and
(I) attempt any of the above acts or permit another person to do any of the above acts.
3. Third Party Content
3.1 Some of the products and services offered for sale or advertised and some of the information provided on any ABC domain URLs may be products, services and information of third parties.
3.2 The third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier.
3.3 We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties.
3.4 We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on any ABC domain URLs or the services or accessible through a hyperlink on any ABC domain URLs. You acknowledge and consent to us receiving the fees.
4. Prices of products and services are subject to change
4.1 All prices displayed and products and services offered to be supplied on any ABC domain URLs are subject to change without notice.
5.1 ABC does not guarantee:
(a) the security of any systems (including the Internet and the Customer's hardware and software) used in accessing any ABC domain URL websites, or any information passed through such systems; or,
(b) access to any of the ABC domain URLs or any systems used in accessing any ABC website will be continuous or virus or error free.
6.1 You acknowledge that under these "Terms", ABC may provide personal information about you as part of which is the subject of privacy laws. ABC will comply with its "Privacy" statement located on any ABC website in dealing with any information collected by ABC.
7. Customer Contact
7.1 You acknowledge that where it is required for ABC to email you, the following will apply:
(a) ABC will address and send emails to you to the email address provided by you; you are solely responsible for ensuring that your contact details for services are current (including email address), your email service is operational and that you check your emails regularly;
(b) if ABC sends an email to your current email address as listed in your contact details, you are deemed to have received that email and ABC is not obliged to take any further action to confirm that you have received, opened and/or read the email or attachment unless you promptly notify ABC and demonstrate that the email was not delivered to your email address;
(c) if ABC receives an automated email non-delivery notification indicating you have not received the email that ABC has sent you containing or regarding an order for a service or product, ABC will use reasonable endeavours to attempt to contact you using the other contact details that you submitted with your contact details, including non-electronic means, but does not guarantee that ABC will be able to contact you; and
(d) ABC may contact you via any contact means provided by you if your order is incomplete or needs further explanation.
8.1 You indemnify us and our officers, employees, agents and related bodies from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of any ABC domain URLs by you or someone using your name.
9. Disclaimer and limitation of liability
9.1 To the extent permitted by law, neither we nor any of our officers, employees, agents or related bodies corporate will be liable in any way (including for negligence) for any loss, damage, costs or expenses suffered by you or claims made against you through the use of any ABC domain URLs, any failure to provide any ABC domain URLs or in connection with any products, services or information supplied, offered to be supplied or advertised via any of our websites.
9.2 To the extent permitted by law, all warranties, conditions and representations about any ABC domain URLs, the availability any ABC domain URLs for access and use, the products and services advertised, offered to be supplied or supplied via any ABC domain URLs and the information provided on any ABC domain URLs are excluded. If a term is implied by law into these "Terms" and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these "Terms." However, our liability for breach of such term will be limited, at our option, to one or more of the following
(a) in relation to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods and;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) payment of the cost of having the goods repaired;
(b) in relation to services:
(i) the supply of the services again;
(ii) the payment of the cost of having the services supplied again.
9.3 You acknowledge that you have not relied on any representation made by ABC which has not been stated expressly in these "Terms." ABC may change these "Terms" and any other information, including prices, at any time and your subsequent use in accordance with the "Terms." Without limiting ABC’s ability to give notice by any other means, the Customer will be deemed to have:
a. received adequate notice of such changes where ABC places a notice on any of the ABC websites setting out such changes; and
b. agreed to such changes the next time they use any of the ABC domain URL websites after publication of the relevant notice on any of the ABC domain URLs websites.
10. Goods and Services Tax (GST) (Domestic Australia Only)
10.1 If GST is imposed on any supply made by us through any ABC domain URL websites, you must pay to us, 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 us, 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.
11.1 We may vary any of these "Terms" at any time and any other information, at any time and your subsequent access to any ABC domain URL websites will be governed by the varied "Terms." Without limiting ABCs ability to give notice by any other means, you will be deemed to have:
a. received adequate notice of such changes where ABC places the changed "Terms" on any of the ABC websites; and
b. accepted the changes to these "Terms" and agreed to be bound by the revised "Terms" if you continue to access any of the ABC websites after the date that notification of change is posted.
12. General Matters
12.1 This agreement is governed by the law in force in the State of Victoria, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them for determining any dispute concerning this agreement.
12.2 If any of these "Terms" of is invalid or unenforceable, it will be struck out and the remaining "Terms" will remain in force.
12.3 If we do not act in relation to a breach by you of these "Terms", this does not waive our right to act with respect to subsequent or similar breaches.
12.4 You may not assign or transfer your rights or benefits under these "Terms" to any other person or entity without the prior written consent of Australian Bullion Company (Aust) Pty Ltd.