Signatures.au Terms and Conditions

Our Disclosures

Introduction

• These terms and conditions (Terms) are entered into between Signature Collectibles Australia ABN 35 664 664 091 (we, us or our) and you, together the Parties and each a Party.
• We provide a platform where owners of collectible assets such as cars, watches, bikes, caravans and boats (Owners) and buyers who are interested in purchasing assets (Buyers) can connect and transact for the sale and purchase of items in Australia (Platform).
• In these Terms, you means (as applicable) the person or entity registered with us as either a Buyer or an Owner or the individual accessing or using the Platform.
• If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

Acceptance and Platform Licence

• You accept these Terms by clicking “I accept” or using the Platform.
• By accepting these Terms, you acknowledge and agree that:
  •  
  • Our services under or in connection with these Terms are limited to providing the Platform to users;
  • We are not a party to any agreement entered into between Buyer or Owner;
  • We have no control over the conduct of Buyers or Owners or any other users of the Platform or over the availability, pricing, quality, or any aspect of the items offered by an Owner; and
  • We are not acting for or on behalf of a Buyer in relation to payment for the items.
• We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment you can terminate your Account and you may be issued a refund in accordance with the Termination clause.
• Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms.  All other uses are prohibited without our prior written consent.
• When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
  • anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
  • using the Platform to defame, harass, threaten, menace or offend any person;
  • using the Platform for unlawful purposes;
  • interfering with any user of the Platform;
  • tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
  • using the Platform to send unsolicited electronic messages;
  • using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
  • facilitating or assisting a third party to do any of the above acts.

Accounts

• You must register on the Platform and create an account (Account) to access the Platform’s features.
• You must provide basic information when registering for an Account including your contact name, email address, phone number, and in addition to the foregoing, if you are purchasing a car through a Bidding Listing, you must provide your credit cards details (through our third party payment processor) and a form of identification to allow us to verify your identity (such as a driver’s licence).
• All personal information you provide to us will be treated in accordance with our Privacy Policy.
• You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer it to others.
• You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
• We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of services and threshold of reviews.

Platform Summary

• The Platform is a marketplace where Buyers and Owners can advertise, buy, and sell collectible assets online. We provide the Platform to users (including hosting and maintaining the Platform), collectively the Asset Services. Except where we are acting in the capacity of an Owner (i.e., where we are selling assets owned by us on the Platform), you understand and agree that we only make available the Asset Services.
• We are not an auctioneer. At no time do we act as an agent of the Buyer or the Seller in the sales transaction, and we do not take possession at any time of any item. The sales transaction is conducted entirely between the Buyer and the Seller using the Platform, and the Buyer and Seller are responsible for all costs and expenses in relation to the sales transaction.
• We rely on the information provided by Owners and Buyers in relation to any listings, including the current condition of the assets.
• Owners and Buyers acknowledge that we cannot guarantee the accuracy, quality, safety, or legality of the sale of items listed on the Platform, or that the Owners and Buyers have the ability to engage in and complete a sales transaction; and
• Owners and Buyers release us from any liability in relation to the content of the listings or the conduct of Buyers and Sellers in relation to a sales transaction.
• Any dispute in relation to a sales transaction shall be resolved between the Owner and Buyer without our participation. We recommend that you conduct your own assessments in relation to a listing to ensure that risks in relation to the sales transaction are addressed.
• We may from time to time assist prospective Owners with conducting searches (for example, PPSR searches) in relation to an Item. However, you acknowledge that we are not responsible for providing this information, and we are not liable for any errors or omissions in relation to such information.
• Listing details may be amended by us at our absolute discretion before or during the Sales Process by notice to the Seller in writing.

Owners

• Owners may use their Account to post an accurate and complete description of any assets they wish to sell through the Platform (Listing). The Listing may be for a fixed-fee (Buy Now Listing), or, Owners may choose to sell assets through a bidding process (Bidding Listing).
• Buy Now Listings should include the price payable by the Buyer that is inclusive of all costs, including any delivery costs and applicable GST. These amounts, collectively, are the Listing Fees.
• For Bidding Listings, the Owner may either (a) set a starting price and may set a reserve price, or (b) consider all offers submitted by Buyers. Unless otherwise set out on the Platform, Bidding Listings will be live for the period set out on the Platform (Bidding Period). If an Owner has set a reserve price, the Owner is not obligated to accept a bid unless the reserve price is met. Where an Owner turns the “Bidding Listing” feature on for a Listing, the Owner agrees that we may notify them about any bids made on the Listing. For Bidding Listings, the Listing Fee is (a) the amount of the highest bid (subject to the reserve price being met, if applicable), or (b) the amount accepted by the Owner (as applicable), including any payment processing fees and any delivery costs and applicable GST.
• As an Owner, you agree:

• • that you are legally entitled to, and capable of, supplying the assets described in any Listing (including, that you have good title to the assets and they are free from any encumbrances);
  • to provide all details requested by us about the assets in the Listing, including an accurate description, up to date photographs and the price of the assets, and any other details requested by us, such as the condition of the asset, service and accident history, and any exterior, interior, mechanical or electrical faults or issues;
  • that we may at any time and for any reason reject the Listing, or remove the Listing from our Platform, in our reasonable discretion; and
  • that the assets will be available for Buyers, unless the Listing is removed by you.

Buyers

• A Buyer may purchase assets, or place a bid for assets, from Owners as set out in the Listings (Purchase Request). Any Purchase Request is an offer by the Buyer to purchase particular assets from the Owner for the Listing Fees specified in the Listing or the amount of the relevant bid at the time the Buyer places the Purchase Request.
• It is the Buyer’s responsibility to check the Listing details, including selected assets and pricing, before submitting a Purchase Request.
• It is the Buyer’s responsibility to ensure they understand the current condition of the car as it is advertised, and they are expected to contact us with any queries or concerns before a car is purchased. Once the deposit is paid for the car, the buyer is entitled to request and pay for a pre-purchase inspection using a third party service as approved by us. We are not responsible for the outcome of the pre-purchase inspection or the fee associated with it. If the pre-purchase inspection reveals any major faults with the car that were not disclosed by the owner, then the Buyer can either:

1. • withdraw from the sale, and we will refund their deposit in full;
   • request that the owner remediates any faults identified in the pre-purchase inspection prior to settlement;
   • contact us to help facilitate a resolution between the owner and buyer. At this point we may decide to declare the contract as void and withdraw the listing from sale.

• For “Buy Now” and Showroom Listing purchases, when the Buyer pays the Deposit to us, the Purchase Request is deemed accepted and results in a separate binding agreement between the Owner and the Buyer for the supply of the assets (Order). Once the payment by the Buyer to us has been validated, we may provide the Buyer with an order confirmation email, which may include an order number and a description of what was ordered.
• If you are a Buyer and you submit a Purchase Request for a Bidding Listing, you may place a bid for any amount you like (subject to the starting price and reserve price). We may limit the number of bids Buyers can make. You must not place a Bid for an amount you are not willing or able to pay for the assets, as you will not be able to withdraw a bid once you have made it. If you have the highest bid at the end of the Bidding Period and provided the bid meets the reserve price, you will be deemed to have made an Order and you will be liable to pay the price for that car in accordance with your bid.
• You must not engage in bid manipulation. Bid manipulation is any practice which unfairly induces other users to make bids or controls the bid price. This includes bidding in a way that pulls other bidders to their maximum bid, retracting the high bid, and then re-bidding at a small increment above the legitimate high bidder or employing shill bidding, which is, the use of secondary registrations, associates or aliases to artificially raise the bidding on an item). Buyers are also prohibited from communicating with each other for the common purpose of manipulating the final purchase price.

Communication

• We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.
• Buyers and Owners can communicate privately using the contact details shared by us once a Deposit has been paid by the Buyer to us (as evidenced by a receipt, if requested by us).  Buyers and Owners must not use the contact details to organise the provision of the assets off the Platform, or otherwise to attempt to circumvent the payment of Service Fees or Deposit to us.

Payments

Owners

• In consideration for providing the Platform, we will charge the services fees to the Owner as set out on the Platform (Service Fee). The Service Fee will be paid to us at the same time an Owner Listing is submitted to us.

Buyers

• In order to secure a Listing, the Buyer must pay the deposit as set out on the Platform (Deposit). The Deposit will be paid to us at the same time as an Order is confirmed.

General

• You may pay us the Service Fee or Deposit (as applicable) by direct bank transfer (the details of which will be provided by us to you in writing) or on the Platform via our third party payment processor (currently Stripe).
• Upon an Order being made, the Buyer and Owner must organise the transfer of the relevant car from Owner to Buyer independently via the relevant state or territory body (for example, VicRoads) (Settlement) and on, or before Settlement, the Buyer must pay the remaining balance (Owner Fees). The Owner Fees are payable independently of the Platform and can be arranged, without limitation, in-person or by direct transfer from Buyer to Owner.
• You acknowledge and agree that we do not get involved, nor are we responsible, for any part of Settlement and we exclude all liability for any Liability you incur as a result of Settlement, including where the assets are damaged or the relevant state or territory body requests further information from you to complete Settlement.
• You must not pay, or attempt to pay any fees reference in this clause 7 by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

Refunds and Cancellation Policy

• Subject to clause 8.2, the cancellation, exchange, or refund of any assets purchased on this Platform is strictly a matter between the relevant Buyer and Owner. Should the Owner and Buyer agree to a refund of the Listing Fees, both the Owner and Buyer acknowledge and agree that to the maximum extent permitted by law, our Service Fee and the Deposit is not refundable.
• If you (a Buyer) request cancellation or a refund of any assets ordered on the Platform for change of mind purposes, you acknowledge and agree that to the maximum extent permitted by law, the Deposit is not refundable.
• If an Owner cancels a Listing for change of mind purposes, we will refund you (the Buyer) the Deposit paid in respect of that Listing.
• For disputes between Buyers and Owners, we encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.
• This clause will survive the termination or expiry of these Terms.

Identify verification

• If we choose to conduct identity verification or background checks on any Buyer or Owner, to the extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Buyer or Owner or guarantee that a Buyer or Owner will not engage in misconduct in the future. Any verification of Owners on the Platform is not an endorsement or recommendation that the Owner is trustworthy or suitable. You should do your own due diligence before buying assets from an Owner.
• We may offer you the option of verifying your identity and/or validating your Account using a third party verification service (Third Party ID Service).
• Where you have elected to verify your identity under this clause, you acknowledge and agree that (1) we may contact, connect to or otherwise liaise with Third Party ID Services to validate your identity and information (Identity Check); and (2) Third Party ID Services may provide us with your personal information or sensitive information, and you consent to us receiving and using this information to enable us to perform an Identity Check.
• You acknowledge and agree that (1) the Identity Check may not be fully accurate, as they are dependent on the information provided by the relevant individual or business and/or information or checks performed by third parties; and (2) you should not rely on the Identity Checks, and you should make your own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any users of the Platform.

Reviews

• Owners may review their experience with the Buyer on the Platform, and Buyers may review with the Owner on the Platform, including the assets (each a Review).
• Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.
• You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
• You can write a Review about an Owner if you have had an experience with that Owner, which means that (1) you have engaged the Owner through the Platform; or (2) you can otherwise document your interaction with the Owner in relation to the Platform, including via correspondence (collectively referred to as a Buyer Experience).
• You can write a Review about a Buyer if you have had an experience with that Buyer, which means that (1) you have been engaged by the Buyer through the Platform; or (2) you can otherwise document your interaction with the Buyer in relation to the Platform, including via correspondence (collectively referred to as an Owner Experience). 
• You may not write a review about an Owner you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Owner, or work for the Owner. Similarly, you may not write a Review about a direct competitor to the Owner that you own, are employed by or work for.
• Your Buyer Experience or Owner Experience must have occurred in the 12 months prior to you writing a Review.
• You may only write about your own Buyer Experience or Owner Experience. You are not permitted to write a Review about somebody else’s Buyer Experience or Owner Experience, such as that of a family member or friend.
• This clause will survive the termination or expiry of these Terms.

Intellectual Property

• All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Platform, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
• We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.
• You must not, without our prior written consent:
  • copy, in whole or in part, any of Our Intellectual Property;
  • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
  • breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
• Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
  • you do not assert that you are the owner of Our Intellectual Property;
  • unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
  • you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
  • you comply with all other terms of these Terms.
• This clause will survive the termination or expiry of these Terms.

Warranties

• You represent, warrant and agree that:
  • you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
  • there are no legal restrictions preventing you from entering into these Terms;
  • all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
  • you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms; and
  • where you are an Owner, you are responsible for complying with all laws, rules and regulations which apply to providing the assets in your Owner Listings.

Limitations on liability

• To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
  • the use or results of any Third Party ID Service or Identity Check;
  • any aspect of the Buyer and Owner interaction, including the assets offered by the Owner, the description of the assets offered, any advice provided, the performance of the services, Settlement, or the supply and delivery of the assets by the Owner.
• To the maximum extent permitted by law:
  • neither Party will be liable for Consequential Loss;
  • each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that party to mitigate its losses; and
  • our aggregate liability for any Liability arising from or in connection with these Terms will be limited to the Service Fees or Deposit paid by you in the 12 months immediately preceding the act, event or omission giving rise to the Liability (and where there has been less than 12 months of fees paid, an amount equal to 12 months of fees calculated on a pro rata basis, having regard to the amount of fees paid and the period of time).

1. This clause will survive the termination or expiry of these Terms.

Termination

• Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings.  
• These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
  •  the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 5 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
  • the Defaulting Party is unable to pay its debts as they fall due.
• Should we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach.
• We reserve the right to terminate your Account immediately in writing if you repeatedly receive reviews below 3 stars, or you consistently breach these Terms, including by selling assets that you do not have title to.
• Upon expiry or termination of these Terms:
  • we will remove your access to the Platform;
  • we will immediately cease providing the Assets Services; and
  • where we terminate the Terms as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees.
• Where termination is due to our breach of these Terms, we agree to refund you any Service Fees on a pro-rata basis, or the Deposit in full.
• Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
• This clause will survive the termination or expiry of these Terms.

General 

• Confidentiality: Other than where the disclosure is permitted by law, each Party agrees not to disclose any confidential information it may access on or through the Platform to a third party, or otherwise misuse such confidential information. Confidential information may include confidential information supplied to you by us, by a Buyer, or by an Owner.
• Disputes:  In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Buyer and us, or an Owner and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Institute of Victoria to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. 
• Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notifies the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations, and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
• Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
• Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

Definitions 

• Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
• Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
• Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.
• Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions or notices, please contact us at:

Signature Collectibles Australia ABN 35 664 664 091

Email: info@signatures.au

Last update: 11 August 2024