TERMS AND CONDITIONS
PLEASE READ THE TERMS OF SERVICE BEFORE PROCEEDING.
Please read the terms and conditions before using the BULLIONMARK website. Should you require any clarification or additional information please contact us on Freecall 1300 600 629 (Australia) or +61 2 9089 8946 (International). You will also have the opportunity to review and agree to our terms of service during initial registration and before you confirm an order with us.
User agreement By using the websites bullionmark.com, bullionmark.com.au, bullionmark.co.uk, bullionmark.com.sg, bullionmark.com.hk and bullionmark.co.nz or any other services provided by BULLIONMARK PTY LTD (BULLIONMARK), including (but not limited to) making purchases from BULLIONMARK, making sales to BULLIONMARK, placing orders with BULLIONMARK, reading articles from BULLIONMARK, watching videos from BULLIONMARK, viewing pricing data or charts from BULLIONMARK, you are agreeing to the following terms without limitation. 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 BULLIONMARK you must read and accept all of the terms in the User Agreement. BULLIONMARK strongly encourages you, as you read this User Agreement, to access and to read carefully the Ordering policies and procedures contained in this document. This User Agreement is effective on May 1st 2009, for all customers and users of our websites and services.
Disclaimers. You are subject to the disclaimers that have been made by BULLIONMARK, which BULLIONMARK 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 BULLIONMARK. In addition, you represent and warrant to BULLIONMARK that you have sufficient experience and knowledge to make informed decisions to purchase from and/or sell to BULLIONMARK. You expressly acknowledge that you are making all of your own decisions in connection with purchases and/or sales and that BULLIONMARK 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, which risks are beyond the control of BULLIONMARK, and you expressly acknowledge that BULLIONMARK 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. Bullion bars and bullion coins are no exception. The value of a bullion coin (e.g. gold kangaroors or silver kookaburras) and bullion bars are affected by many economic factors, including the current market price of bullion and the perceived scarcity of the product and other factors. Some of these factors include the quality and current demand and general market sentiment. Therefore, because both bullion bars and bullion coins can go down as well as up in value, investing in them may not be suitable for everyone. Since all investments, including bullion bars and bullion 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. Investment in precious metals provides no guarantee of interest or yield. Our staff are precious metal experts not financial advisors. BULLIONMARK does not give any advice or make any representation as to the investment value of its products or their suitability for individual clients. Clients should obtain their own investment advice. Information provided on our website may be sourced from a third party and is provided for general information and educational purposes and will not have taken your particular situation or needs into consideration. Our blogs, videos, charts, tables, data, articles, RRS feeds, email, or any other communication will not have considered your particular needs or financial situation. BULLIONMARK recommends you seek professional advice before making precious metal investments.
Indemnification. You shall indemnify and hold harmless BULLIONMARK and its affiliates, directors, officers and shareholders from and against any and all costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable legal 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 BULLIONMARK or (b) your failure to comply with this User Agreement or the policies adopted by BULLIONMARK.
Limitation of Liability. You are subject to the limitations of liability contained in this User Agreement, the Disclaimer and the other policies adopted by BULLIONMARK.
In the event that, notwithstanding such limitations of liability, BULLIONMARK is determined to be liable to you in connection with any transaction between BULLIONMARK and you pursuant to this User Agreement, the liability of BULLIONMARK to you shall be limited to the greater of (a) the amount, if any, that you paid in such transaction or (b) $100. BULLIONMARK shall not, in any event, be liable for any consequential, exemplary or indirect damages.
Termination. Either BULLIONMARK 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 BULLIONMARK 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 BULLIONMARK, BULLIONMARK shall have all of the rights and the remedies available to BULLIONMARK, whether at law, in equity or otherwise, including, without limitation, rights and remedies under this User Agreement. Without limiting its rights and its remedies, BULLIONMARK may turn your account over to a collection agency or a lawyer for collection. No delay or failure on the part of BULLIONMARK 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 BULLIONMARK 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.
In addition to the other rights and the other remedies available to BULLIONMARK, in the event of any failure by you to comply with this User Agreement, BULLIONMARK may charge the credit card on which you have provided BULLIONMARK including, without limitation, any and all market losses incurred by BULLIONMARK including cancellation fees for accepting your orders to either buy from or sell to us as a result of price and market fluctuations for which you did not fulfil. You expressly authorise BULLIONMARK to charge your credit card for all of such amounts.
Absence of Relationship. The sole relationship between BULLIONMARK 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 BULLIONMARK and you exists.
Electronic order entry risk disclosure and disclaimer. BULLIONMARK specifically disclaims any liability or responsibility for orders placed via the BULLIONMARK online order entry system, for any loses or direct, indirect, consequential or incidental damages which you may recognise or incur as a result of the use of the BULLIONMARK online order entry system. Further, BULLIONMARK specifically disclaims any liability for the interruption, cancellation or other termination of the BULLIONMARK online order entry system. We reserve the right to refuse or cancel any order deemed questionable, of risk to BULLIONMARK or at our discretion regardless of payment method, price confirmation or order status.
Limitation of liability. All orders placed through the order entry system or by phone are taken on a best efforts basis. All orders shall remain pending at the full discretion of BULLIONMARK. We reserve the right to refuse or cancel any order deemed questionable, of risk to BULLIONMARK or at our discretion regardless of payment method, price confirmation or order status. BULLIONMARK shall not be responsible for errors, negligence, inability to execute orders and/or market loss related to a cancelled order. Nor shall BULLIONMARK be responsible for any delays in the transmission, delivery or execution of customer's order due to breakdown or failure of transmission or communication facilities, or to any other cause or causes beyond BULLIONMARK’s reasonable control or anticipation including issues relating to supply of stock.
Possible system failure. Order entry systems have been designed to provide an efficient and dependable method for entering orders. Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet based order entry. The customer acknowledges that the order entry system is a mechanical system and as such may be subject to failure beyond the control of BULLIONMARK. The customer acknowledges having read and understands the order entry system risk disclosure and disclaimer.
Force Majeure. If BULLIONMARK cannot perform any obligation hereunder as a result of any event that is beyond its control, including, but not limited to, government intervention or regulation, military activity, strikes, terrorism, financial crisis, derivative meltdown, failure of a supplier or storage partner or any other circumstances that may cause BULLIONMARK's delay or fail to perform such obligation shall be excused and BULLIONMARK shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
Price Confirmations and Binding Agreement. Once you have placed an order to buy or sell with BULLIONMARK, you have entered into a binding agreement. When ordering online, the price at which your order is submitted is your locked-in price. We reserve the right to refuse or cancel any order deemed questionable, of risk to BULLIONMARK or at our discretion regardless of payment method, price confirmation or order status.
Payment Options. Payment to BULLIONMARK must be provided by direct bank transfer.
For direct bank transfer BULLIONMARK requires funds cleared in the BULLLIONMARK bank account within 24 hours or our market loss policy may apply. BULLIONMARK reserves the right to refuse or cancel any order regardless of payment status or method.
Direct Bank transfer payment Instructions. Payment instructions will be provided on your invoice and sent to you by email after you place your order. Payment must be dated within 24 hours of your order date. BULLIONMARK reserves the right to cancel orders that do not meet these requirements. BULLIONMARK does not accept C.O.D. orders. We reserve the right to refuse or cancel any order deemed questionable, of risk to BULLIONMARK or at our discretion regardless of payment method, price confirmation or order status.
Cancellation of Orders. It is not our intention to enter into buying and/or selling transactions, accepting the risks involved only to have them cancelled by you. However, we realise rare situations happen where orders need to be cancelled. Should you elect to cancel and/or offset your order, you must do so during normal business hours of 10:00 – 4:00 Sydney time, Monday to Friday. All cancellations are subject to our market loss policy plus a $95 cancellation fee. Cancellations may only be approved over the telephone, at which time you will be given a cancellation number. At that time, if any market loss to BULLIONMARK has occurred, it will be calculated and added to the $95.00 cancellation fee. If applicable, you may elect to pay any market loss by credit card at that time or, we will invoice you in which you will have 3 days to pay the amount due in full. No future orders may be permitted until any market loss is paid in full. Any market gain on cancellations shall remain the property of BULLIONMARK. We reserve the right to refuse or cancel any order deemed questionable, of risk to BULLIONMARK or at our discretion regardless of payment method, price confirmation or order status.
Market Loss Policy. The BULLIONMARK market loss policy is designed on “fairness” principles and will only apply if a customer fails to execute his or her contractual obligations resulting in administrative and/or market losses to BULLIONMARK. Whether ordering online, by email or by telephone you will be issued an order number. At this point your prices are fixed and you have a binding contract with BULLIONMARK. However please note the order and price remains pending for BULLIONMARK at its discretion until it is shipped. Your order will detail payment instructions. Any funds owing must be paid and cleared in BULLIONMARK’s bank account within 24 hours of the invoice date or a market loss policy may apply. The value of any market loss will be solely determined by BULLIONMARK plus a $95 administration fee and will be deducted from your credit card. If funds cannot be paid by credit card an invoice will be raised and the client must pay by direct bank transfer or alternate credit card within 3 days. In addition to the other rights and remedies available to BULLIONMARK, in the event of any failure by you to comply with this User Agreement, BULLIONMARK 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. In addition to the other rights and remedies available to BULLIONMARK, BULLIONMARK may, without limiting its other rights and remedies, apply any of your funds or metal holdings in its possession to pay your monetary obligations to BULLIONMARK and may offset any monetary obligations that BULLIONMARK has to you against your monetary obligations to BULLIONMARK. BULLIONMARK 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 BULLIONMARK in such manner as BULLIONMARK determines to be appropriate. A market loss policy may not apply where BULLIONMARK cancels the order for its own security reasons. Market loss remains the discretion of BULLIONMARK.
Shipment and insurance policy. BULLIONMARK safely and securely ships precious metals within Australia and around the world every day. Clear policies and disciplined processes are central to secure, fast, cost effective precious metal shipments. BULLIONMARK reserves the right to determine the most appropriate method of shipment unless specifically pre-arranged by the customer at time of order. The carrier chosen will depend on your location, order value and/or cubic measurements. Additional charges may apply for shipping method changes.
All BULLIONMARK orders for delivery within Australia require insurance. This will be calculated automatically as a percentage of the total order value and clearly stated in the ordering process.
As a leading international bullion dealer, BULLIONMARK has a successful track record of shipping gold and silver all over the world. We partner with Fed Ex, EMS, UPS, Brinks and Armaguard and ship into most countries. We accept international orders over the internet and by phoning +612 80040202. All internet orders remain pending until we have reviewed the configuration, shipping and insurance rates and assessed the customs information for your country. International orders must also be paid by bank wire or transfer. International delivery options will vary by destination and are at the discretion of BULLIONMARK. Should youy have specific shipping requirements please contact us before making your purchase. It is also important to note that all customs and taxation issues remain the responsibility of the purchaser. Insurance is not available to all international destinations. International clients should call us on +61 2 80040202 before placing an order online.
Returns/buy back policy. BULLIONMARK provides a buy back guarantee on all gold and silver coins and bars we sell. We guarantee your satisfaction at BULLIONMARK. We provide all our customers with a refund, return and/or exchange policy on everything we sell including all bullion bars and bullion coins. This right is limited to three (3) days from the date on which the customer receives their items and notifies us, provided they are kept in their original packaging. On returning bullion related items, the customer may (at BULLIONMARK’s discretion) be required to pay for any market loss (including shipping costs) on their returns.
Any market gain on refunds shall remain the property of BULLIONMARK.
We want our customers to be pleased with their purchases. If for any reason you have a problem, please feel free to call our offices and discuss it with us. We will always do our best to accommodate you. We also reserve the right to make a shipping cost adjustment to any returns. If an exchange is requested, we reserve the right to find an acceptable replacement or refund your money less shipping costs, administrative costs and any market loss. Beyond the 3 day guarantee or for bullion purchased elsewhere please contact us directly to arrange a market based quote. BULLIONMARK is always looking to add to its bullion stocks.
Security. BULLIONMARK has security measures in place to protect the loss, misuse and alteration of the information under our control. We use only the highest industry standard secure server (SSL) for transferring credit card information across the internet.
Credit card payments online. BULLIONMARK uses an offline National Australia Bank NAB Payment Gateway (for credit card payments) combined with a rapidSSL SSL Certificate to provide a secure environment for the processing of orders over the Internet. All confidential information including your credit card details are encrypted the moment they are transmitted from your browser to our servers using industry standard SSL 256-bit RC4 encryption technology.
These secure processes provide you with peace of mind when purchasing online.
Employee education. All BULLIONMARK employees are aware of our security policies and processes. Customer information is made available only to selected employees who need to have access to it in order to complete your order.
Privacy Philosophy. BULLIONMARK respects your privacy. BULLIONMARK does not sell, rent, or loan any identifiable information regarding its customers to any third party. Any information you give us is held with the utmost care and security, and will not be used in ways to which you have not consented. When you purchase products from BULLIONMARK or register for any BULLIONMARK services, we automatically place you on our list to receive email regarding updates about special offers, new products, and new services. If you do not wish to receive email updates, please send an email to firstname.lastname@example.org and type "remove" in the subject line.
Use of Information Gathered. BULLIONMARK will not collect any personal information about individuals except when specifically and knowingly provided by such individuals. Examples of such information are: name, postal address, email address, phone number, and credit card information. This is needed in order to complete your orders. BULLIONMARK may share non-personal aggregated, or summary information regarding its customers with partners or other third parties, but BULLIONMARK does not sell or share any information at the individual customer level.
Opt-Out Features. BULLIONMARK puts control over communications directed to you where it belongs, in your hands. Every time we collect name and address information about you:
• You can tell us if you don't want to receive communication from BULLIONMARK such as email newsletters announcing specials or new features.
• You can stop receiving any messages sent by BULLIONMARK by either calling us at on 1300 600 629 or +61 2 80040202 or by sending an email to email@example.com with the word "remove" as the subject header.
AUSTRAC. Under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, it is an Australian legal requirement for all bullion dealers and other financial institutions to collect information about clients under certain circumstances. You can find our more by visiting the AUSTRAC website or contacting AUSTRAC on 1300 021 037 or firstname.lastname@example.org. BULLIONMARK will inform you when AUSTRAC requirements are required. AUSTRAC requirements will be automatically triggered by absolute or cumulative purchases above AUD$5,000. However, BULLIONMARK reserves the right to request AUSTRAC information at its own discretion.
Important note: If we have requested AUSTRAC information from you, no shipments can be made until the AUSTRAC documentation is on file. Refusal to submit AUSTRAC documentation may trigger our market cancellation or market loss policy.
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 BULLIONMARK, which may be granted or withheld by BULLIONMARK in its sole discretion. This User Agreement shall be binding on all permitted assigns and successors of BULLIONMARK and you.
Costs and Expenses of Collection. In the event that BULLIONMARK 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 BULLIONMARK, including, without limitation, reasonable fees, in connection with such action.
Dispute Resolution. It is the common goal of BULLIONMARK and you that any disagreement or dispute between BULLIONMARK and you be resolved expeditiously. BULLIONMARK and you agree that all disagreements and disputes between BULLIONMARK 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, Australia, without regard to conflict of laws principles.
Further Assurances. You shall execute and deliver such other documents and take such other actions as may be reasonably requested by BULLIONMARK to carry out this User Agreement.
Notices. Except as otherwise provided in this User Agreement, all notices and other communications to BULLIONMARK shall be directed to the registered agent of BULLIONMARK Pty Ltd of New South Wales Australia and all notices and other communications to you shall be directed, at the option of BULLIONMARK, to the address that you provided to BULLIONMARK at the time of your registration or to the email address that you provided to BULLIONMARK at the time of your registration.
Recording of Phone Conversations. BULLIONMARK may record phone conversations between BULLIONMARK and you. You consent to the recording of such phone conversations.
Absence of Waivers. A decision or a failure by BULLIONMARK to take action with respect to any non-compliance with this User Agreement does not affect the ability of BULLIONMARK 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. BULLIONMARK may amend this User Agreement at any time by posting the amended terms on the website. Except as otherwise provided in the User Agreement, the amended terms will become automatically effective 7 days after their initial posting on the website.
This User Agreement may not be otherwise amended except by written agreement between BULLIONMARK and you.
Entire Agreement. This User Agreement sets forth the entire understanding between BULLIONMARK 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, contact BULLIONMARK on 1300 600 629 or +61 2 80040202 or email@example.com.