User Agreement
By using the website avsbullion.com.au, aksharajewellers.com.au and other services provided by Akshara Jewellers, including making purchases from Akshara Jewellers, making sales to Akshara Jewellers and placing orders with Akshara Jewellers, you are agreeing to the following terms, including, without limitation, the terms available by hyperlink (the “User Agreement”). 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 Akshara Jewellers you must read and accept all of the terms in the User Agreement. Akshara Jewellers strongly encourages you, as you read this User Agreement, to access and to read carefully the Ordering Policy and Procedures available on the website. This User Agreement is effective from 13/08/24, for all existing customers and all existing users of the website and will be effective, upon acceptance for all customers and all new users of the website or otherwise.
Purchases, Sales and Orders.
You may make purchases, sell to and order from Akshara Jewellers only in accordance with the Ordering Policy and Procedures.
Disclaimers.
You are subject to the Disclaimers that have been made by Akshara Jewellers, which Akshara Jewellers 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 Akshara Jewellers. In addition, you represent and warrant to Akshara Jewellers that you have sufficient experience and knowledge to make informed decisions to purchase from and/or sell to Akshara Jewellers. You expressly acknowledge that you are making all of your own decisions in connection with purchases and/or sales and that Akshara Jewellers 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, including risks which are beyond the control of Akshara Jewellers, and you expressly acknowledge that Akshara Jewellers 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 – coins and bullion are no exception. The value of a bullion product is affected by many economic factors, including the current market price of bullion and the perceived scarcity of the coins and other factors. Some of these factors include the quality and current demand and general market sentiment, therefore, because both bullion and coins can go down as well as up in value, investing in them may not be suitable for everyone. Since all investments, including bullion and 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.
Indemnification.
You shall indemnify and hold harmless Akshara Jewellers and its affiliates, directors, officers and shareholders from and against any and all costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable attorneys’ 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 Akshara Jewellers or (b) your failure to comply with this User Agreement or the policies adopted by Akshara Jewellers.
Limitation of Liability.
You are subject to the limitations of liability contained in this User Agreement, the Disclaimer and the other policies adopted by Akshara Jewellers In the event that, notwithstanding such limitations of liability, Akshara Jewellers is determined to be liable to you in connection with any transaction between Akshara Jewellers and you pursuant to this User Agreement, the liability of Akshara Jewellers to you shall be limited to the greater of (a) the amount, if any, that you paid in such transaction or (b) $500. Akshara Jewellers shall not, in any event, be liable for any consequential, exemplary or indirect damages.
Privacy.
Akshara Jewellers has adopted the Privacy Policy, which you are encouraged to access and to read carefully.
Other Policies.
Akshara Jewellers has adopted the Disclaimer, the Ordering Policy and Procedures and the Privacy Policy and may, from time to time, adopt other policies in connection with the website and your use of the website, as well as purchases from, and sales to, Akshara Jewellers. All of these policies may be amended or terminated, at any time and from time to time, by Akshara Jewellers and such amendments and such terminations will take effect when posted on the Akshara Jewellers website. By purchasing from, making sales to or ordering from Akshara Jewellers, whether by telephone, through the website or in store, you are subject to such policies, with which you hereby agree to comply. After orders are placed, payment must be made through bank transfer online or in store within 24 hours or your order may be cancelled.
Export Compliance.
Every product that Akshara Jewellers sells is subject to all Australian export laws. No products may be exported or re-exported into, or to a national or resident of any country to which Australia has embargoed goods. Termination. Either Akshara Jewellers 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 Akshara Jewellers 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 Akshara Jewellers, Akshara Jewellers shall have all of the rights and the remedies available to Akshara Jewellers, whether at law, in equity or otherwise, including, without limitation, rights and remedies under this User Agreement. Without limiting its rights and its remedies, Akshara Jewellers may turn your account over to a collection agency or a lawyer for collection. No delay or failure on the part of Akshara Jewellers 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 Akshara Jewellers 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.
Online identification check.
Akshara Jewellers/ AVS Bullion is required by law to verify your identity pursuant to the Anti-money Laundering and Counter-Terrorism Financing Act 2006. By opening an account with Akshara Jewellers/ AVS Bullion, the user confirms that they are authorised to provide the personal details entered. The user also consents to the information being matched with the document issuer or official record holder, via third party systems for the purpose of confirming identity.
Our “Market Loss Policy”
Buy:
When purchasing from Akshara Jewellers, once we have issued a confirmation number, the price is locked in for you and the transaction may not be cancelled, but only offset at our current ask price. Any deficit between the price at which we sold to you and the offsetting purchase price and/or prices, is your responsibility only if your item is cancelled or returned. That amount will be charged to you, plus a $75.00 (AUD) cancellation fee. That is our Market Loss Policy. Any market gain on cancellations shall remain the property of Akshara Jewellers.
Sell:
When selling to Akshara Jewellers, once we have issued a confirmation number, the price is locked in for you and the transaction may not be cancelled, but only offset at our current buy price. Any deficit between the price at which we bought from you and the offsetting purchase price and/or prices, is your responsibility if we do not receive your items That amount will be charged to you, plus a $75.00 (AUD) cancellation fee. That is our Market Loss Policy. Any market gain on cancellations shall remain the property of Akshara Jewellers. In addition to the other rights and remedies available to Akshara Jewellers, in the event of any failure by you to comply with this User Agreement, Akshara Jewellers 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 and the Ordering Policy and Procedures. In addition to the other rights and remedies available to Akshara Jewellers, Akshara Jewellers may, without limiting its other rights and remedies, apply any of your funds in its possession to pay your monetary obligations to Akshara Jewellers and may offset any monetary obligations that Akshara Jewellers has to you against your monetary obligations to Akshara Jewellers. Akshara Jewellers 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 Akshara Jewellers in such manner as Akshara Jewellers determines to be appropriate.
Absence of Relationship.
The sole relationship between Akshara Jewellers 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 Akshara Jewellers and you exists.
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 Akshara Jewellers, which may be granted or withheld by Akshara Jewellers in its sole discretion. This User Agreement shall be binding on all permitted assigns and successors of Akshara Jewellers and you.
Costs and Expenses of Collection.
In the event that Akshara Jewellers 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 Akshara Jewellers, including, without limitation, reasonable attorneys’ fees, in connection with such action.
Dispute Resolution.
It is the common goal of Akshara Jewellers and you that any disagreement or dispute between Akshara Jewellers and you be resolved expeditiously. Akshara Jewellers and you agree that all disagreements and disputes between Akshara Jewellers 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, without regard to conflict of laws principles. Force Majeure. If Akshara Jewellers cannot perform any obligation hereunder as a result of any event that is beyond its control, Akshara Jewellers’s delay or failure to perform such obligation shall be excused and Akshara Jewellers shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
Further Assurances.
You shall execute and deliver such other documents and take such other actions as may be reasonably requested by AVS Bullion / Akshara Jewellers to carry out this User Agreement, including, but not limited to, official documents confirming your identity as required or requested by law. Any orders where government identification is requested, may be cancelled if identification is not up to standard or not provided within 48 hours and the cost of the order will be refunded.
Notices.
Except as otherwise provided in this User Agreement, all notices and other communications to Akshara Jewellers shall be directed to the registered agent of Akshara Jewellers and all notices and other communications to you shall be directed, at the option of Akshara Jewellers, to the address that you provided to Akshara Jewellers at the time of your registration or to the email address that you provided to Akshara Jewellers at the time of your registration. Akshara Jewellers/ AVS Bullion is required by law to verify your identity pursuant to the Anti-money Laundering and Counter-Terrorism Financing Act 2006.
Recording of Phone Conversations.
Akshara Jewellers may record phone conversations between Akshara Jewellers and you. You consent to the recording of such phone conversations. Absence of Waivers. A decision or a failure by Akshara Jewellers to take action with respect to any non-compliance with this User Agreement does not affect the ability of Akshara Jewellers 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.
Akshara Jewellers may amend this User Agreement at any time by posting the amended terms on the Akshara Jewellers website. Except as otherwise provided in the User Agreement, the amended terms will become automatically effective 30 days after their initial posting on the website. This User Agreement may not be otherwise amended except by written agreement between Akshara Jewellers and you.
Entire Agreement.
This User Agreement sets forth the entire understanding between Akshara Jewellers 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, please contact Akshara Jewellers / AVS Bullion on +61 491 930 950.
The Office of the Australian Information Commissioner in Australia:
Mail: OAIC – Director of Complaints, Office of the Australian Information Commissioner, GPO Box 5218, Sydney NSW 2001.
Email: enquiries@oaic.gov.au
Telephone: 1300 363 992