Terms of Service

The effective date of these Hunter Investor Terms of Service for current users is the date set forth at the end of these Terms, and upon acceptance for new users.

DEFINITIONS

In these Terms of Service:

Hunter Collector means Hunter Collector Pty Ltd (ACN 139 909 087)

Hunter Collector Services means the www.huntercollector.com website (or any other websites launched by Hunter Collector)(collectively the Hunter Collector Site) and any related Hunter Collector service or tool.

Terms means these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Hunter Collector Site.

  1. ACCEPTANCE OF TERMS

Thank you for using Hunter Collector’s innovative platform for buyers and sellers of collectable goods. By using the Hunter Collector Services, you agree to the Terms.

IF YOU DON’T AGREE TO ALL THE TERMS, THEN DO NOT ACCESS THE HUNTER COLLECTOR SITE OR USE THE HUNTER COLLECTOR SERVICES. BY VIEWING OR USING ANY PART OF THE HUNTER COLLECTOR SITE OR THE HUNTER COLLECTOR SERVICE, OR BY DOWNLOADING ANY MATERIALS OR BY COMPLETING ANY REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL THE TERMS.

Hunter Collector reserves the right to modify these Terms at any time. Your viewing or using all or any part of the Hunter Collector Services or the Hunter Collector Site constitutes your assent to such modifications. You shall be responsible for reviewing and becoming familiar with any such modifications.

  1. THE HUNTER COLLECTOR SERVICES

The Hunter Collector Site is administered in Australia and is intended for Australian users. Any use outside Australia is at the user’s own risk and users are responsible for compliance with any local laws applicable to their use of the Hunter Collector Site.

You must be 18 years of age or older, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years, to register as a member of Hunter Collector and use the Hunter Collector Site and the Services. If you are under the age of 18 or the applicable age in your jurisdiction, you can use the Hunter Collector Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms.

If you do not so qualify, do not use the Services or the Hunter Collector Site. Membership in the Hunter Collector Services is void where prohibited by applicable law, and the right to access the Hunter Collector Site is revoked in such jurisdictions. By using the Hunter Collector Site and/or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein.

  1. HUNTER COLLECTOR PRIVACY POLICY

For information regarding how we treat personal information of our users, please refer to Hunter Collector’s current privacy policy at https://www.huntercollector.com/privacy, which is incorporated by reference in its entirety into these Terms.

  1. USER CONDUCT

You understand that all information, data, text, sound, photographs, graphics and other materials available via the Hunter Collector Services and other items displayed on the Hunter Collector Site (Content) is the sole responsibility of the person from which such Content originated. This means that you, and not Hunter Collector, are entirely responsible for all Content that you upload, post or otherwise transmit via the Services. This also means that you are entirely responsible for, among the things, (a) ensuring that you obtained all necessary legal rights to upload, post or otherwise transmit Content via the Services, and (b) that any Content that you upload, post or otherwise transmit via the Services complies in all respects with the Terms. Hunter Collector does not control the Content posted via the services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services you may be exposed to Content that is offensive, indecent or objectionable.

In your use of the Hunter Collector Services, you agree not to:

  • Upload, post or otherwise transmit:
    • any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscure, obscene, libellous, invasive of another’s privacy or racially, ethnically or otherwise objectionable;
    • any Content that you do not have a legal right to transmit under any law or under any contractual or fiduciary relationships;
    • any Content that infringes any trademark, copyright, patent or other proprietary rights of any other person, or remove any trademark, copyright or other proprietary rights notice contained in the Hunter Collector Site, the Services or in any Content;
    • any material that contains software viruses, worms, defects, Trojan Horses, or any other computer code, files or programs of a destructive nature designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Post information that is pornographic or sexually explicit in nature.
  • Post information that is false, inaccurate, misleading, defamatory or offensive.
  • Provide any posted Content that is unlawful or that promotes or encourages illegal activity.
  • Provide any posted Content that falsely expresses or implies that such Content or material is sponsored or endorsed by Hunter Collector.
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Hunter Collector Services or develop restricted or password-only access pages or hidden pages or information (those not linked to from another accessible page).
  • Interfere with or disrupt the Hunter Collector Services of the Hunter Collector Site or servers or networks connected to the Services, use any device, software or routine that interferes with the proper working of the Services or the Hunter Collector Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
  • Intentionally or unintentionally violate any applicable local, state, national or international law.
  • Modify, adapt, translate, sell, sublicense, decompile, disassemble or reverse engineer any portion of the Hunter Collector Site and/or Services.
  • Create user accounts by automated means or under false or fraudulent pretences.
  • Take any action that imposes or may impose, in Hunter Collector’s sole discretion, an unreasonable or disproportionately large load on Hunter Collector’s IT infrastructure.
  • Copy or store any Content on the Hunter Collector Site for other than your own use.
  • Manipulate the price of any item or interfere with other users’ listings.
  • Circumvent or manipulate Hunter Collector’s fee structure, billing processes or fees owed to Hunter Collector.

In your use of the Hunter Collector Services, you further agree that:

  • Hunter Collector has no responsibility with respect to items agreed to be bought or sold by parties utilising the Hunter Collector Services, including (in particular but without limitation) any responsibility for lost items, items damaged in transit or items not being delivered. It is the responsibility of the seller and the buyer to agree upon applicable insurance arrangements, delivery tracking procedures and like measures that are to apply to their transaction.
  • If a buyer, you will deliver payment for items purchased by you, unless the seller has materially changed the item’s description after you bid, a clear typographical error was made by you or you cannot authenticate the seller’s identity.
  • If a seller, you will deliver items purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyer’s identity.
  • Hunter Collector may gather, process and store information received from you (such as email address, home address, etc).
  • We may at any time and without notice suspend or remove any portion of the Hunter Collector Site and/or the Services and may restrict access to certain sections of the Site and/or the Services.
  • Any Content you upload, post or otherwise transmit may be viewed by other users.
  • You cannot advertise any business or undertaking on the Hunter Collector Site without our written permission.
  • By listing an item for sale, you accept responsibility for the listing and the Content and agree to Hunter Collector’s fee structure (See Section 6 below).
  • In making an offer to purchase an item, you must satisfy yourself of the terms and conditions of the sale as well as the accuracy and correctness of the listing.
  • By purchasing an item, you have entered into a contract with the seller that you must complete.
  • You cannot transfer your account with its trading history to another party.
  1. LISTING CONDITIONS AND FEES

By listing an item for sale on the Hunter Collector Site, you agree to pay Hunter Collector’s fees for the listing (see further below), assume full responsibility for the content of the listing and item offered, and accept the following listing conditions.

When you list an item on Hunter Collector’s Site, your listing will be posted the Site. Your listing may not be searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Hunter Collector cannot guarantee the precise listing timings or durations

Joining Hunter Collector and bidding on listed items is free. Hunter Collector charges fees for listing items. When you list an item, you have the opportunity to review and accept the fees that will be charged based on our then current Fee Schedule, which we may change from time to time. Any changes become effective after we give at least 14 days’ notice by posting the changes on the Hunter Collector Site.

Unless otherwise stated, all fees quoted are in United States dollars. You are responsible for paying all fees and applicable taxes associated with our Site and Services by a valid payment method and in a timely fashion. If monies payable to us are not paid as and when due, we may recover them by using other collection methods (including retaining collection agencies and legal counsel; debiting other payment methods on file with us or deducting the amount owed from your PayPal account balance).

  1. CONTENT SUBMITTED TO HUNTER COLLECTOR

Hunter Collector does not claim ownership of the Content you place on the Hunter Collector Site or Content you have requested Hunter Collector to place there on your behalf. By providing Content to Hunter Collector or by uploading, submitting or otherwise disclosing or distributing Content of any kind on the Hunter Collector Site or otherwise through the Hunter Collector Services, you:

  • grant to Hunter Collector, its affiliates and their assignees the perpetual, irrevocable, fully assignable, non-exclusive, royalty-free right to use, reproduce, display, adapt, modify, distribute and otherwise exploit such Content in any form for the purpose of providing the Services;
  • represent and warrant to Hunter Collector that you own or otherwise control all rights to such Content (including the ability to grant Hunter Collector this licence) and the disclosure and use of such Content by Hunter Collector (including, without limitation, publishing the Content at the Hunter Collector Site) will not infringe or violate the rights of any third party; and
  • acknowledge that the Content may not be treated confidentially.

You acknowledge that Hunter Collector does not pre-screen Content, but that Hunter Collector and its designees shall have the right (but not the obligation) in their sole discretion to remove or block access to any Content that is available via the Service. Without limiting the foregoing, Hunter Collector and its designees shall have the right to remove any Content that violates these Terms or is otherwise objectionable in Hunter Collector’s sole discretion. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content.

  1. CLOSING YOUR ACCOUNT

You may close your Hunter Collector account at any time, subject to:

  • you not having any outstanding items listed on the Hunter Collector Site;
  • resolving any outstanding matters (such as a suspension or restriction on your account); and
  • your paying any outstanding fees owing on the account.
  1. INDEMNITY

You agree to indemnify and hold Hunter Collector and its subsidiaries, affiliates, officers, agents and employees harmless from any claim or demand, including reasonable lawyers’/legal fees (on a client-lawyer basis), made by any third party due to or arising out of (a) Content posted, uploaded or otherwise transferred by you, (b) your use of the Hunter Collector Services, (c) your connection to the Services, (d) your violation of these Terms, or (e) your violation of any rights of another party.

  1. MODIFICATION AND TERMINATION

You agree that Hunter Collector may, in its sole discretion and without notice, terminate your password, your use of the Services and access to the Hunter Collector Site, and remove and discard any Content within the Services or the Site, for any reason, including (without limitation) for lack of use or if Hunter Collector believes you have violated or acted inconsistently with the letter or spirit of these Terms. Hunter Collector may also, in its sole discretion and at any time, discontinue providing or modify the Services, or any part thereof, with or without notice. You agree that Hunter Collector shall not be liable to you or any third party for any modification or discontinuance of the Services or the termination of your access to the Services.

  1. DISCAIMER OF WARRANTIES

You expressly understand agree that:

  • Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis. Hunter Collector expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • Hunter Collector makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error free, (iii) the results that may be obtained from the use of the Services will be accurate and reliable, (iv) the quality of any products, services, information or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the software will be corrected.
  • Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  • No advice or information, whether oral or written, obtained by you from Hunter Collector or through or from the services shall create any warranty not expressly stated in the Terms.
  1. LEGAL DISPUTES

If a dispute arises between you and Hunter Collector, our goal is to provide you with a prompt and cost-effective means of resolving it. Therefore, we encourage you to contact us directly in the first instance to discuss your issue and to seek a resolution either by mutual agreement or through a mutually agreed mediation or similar process.

However, if the matter cannot be resolved to your satisfaction through those avenues, the dispute shall be resolved by final and binding arbitration as prescribed in this Section, Provided that nothing in this arbitration provision shall preclude you from resolving your claim, controversy or dispute in a smalls claim court or tribunal which may have jurisdiction.

A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected in accordance with the rules of the Victorian Civil and Administrative Tribunal or may be selected by agreement of the parties, who shall co-operate in good faith to select the arbitrator. Any required hearing costs or fees shall be paid by the parties as required by applicable rules or as required by application of law, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate.

The arbitrator’s decision and award will be final and binding and judgement rendered by the arbitrator may be entered in any court with jurisdiction to enforce the arbitration award. The prevailing party shall be entitled to injunctive relief in any court of competent jurisdiction.

  1. GOVERNING LAW

These Terms are governed by and must be construed under the laws of the State of Victoria, without regard to choice of law principles and you agree to submit yourself to the personal jurisdiction of the courts of the State of Victoria.

EFFECTIVE DATE:  1 January 2020