Terms and Conditions

1. Introduction and Acceptance

2. Definitions

In these Terms, unless the context otherwise requires:

"ACL"

means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

"Credits"

means the prepaid digital currency purchased by Dealers for use on the Platform to pay Listing Fees.

"Customer"

means any person who accesses the Platform to browse, view, or enquire about Items listed by Dealers.

"Dealer"

means any registered business or individual who uses the Platform to list Items for sale.

"Item" or "Listing"

means any antique, collectable, or other item uploaded and listed on the Platform by a Dealer.

"Listing Fee"

means the fee payable in Credits to list an Item on the Platform, calculated according to the Pricing Schedule.

"Listing Period"

means the period of twelve (12) months from the date an Item is first listed on the Platform.

"Platform"

means the Curatr website, mobile applications, and all related services.

"Pricing Schedule"

means the schedule of Listing Fees as published on the Platform and amended from time to time.

"Ticket Price"

means the advertised selling price of an Item as set by the Dealer.

3. User Categories and Access

3.1 Customers

Customers may access the Platform free of charge to browse, view, and enquire about Items listed by Dealers. Customers are not required to register an account to browse the Platform, although registration may be required for certain features.

3.2 Dealers

Dealers must register an account and maintain a Credit balance to list Items on the Platform. By registering as a Dealer, you represent and warrant that:

1. you are at least 18 years of age;
2. you have the legal capacity and authority to enter into these Terms;
3. if registering on behalf of a business entity, you have the authority to bind that entity to these Terms;
4. all information provided during registration is accurate, current, and complete; and
5. you will maintain the accuracy of such information.

4. Credits and Payment

4.1 Purchase of Credits

Dealers may purchase Credits through the Platform using the payment methods made available from time to time. Credits are sold in various denominations as specified on the Platform. All Credit purchases are processed in Australian Dollars (AUD) and are inclusive of GST where applicable.

4.2 Credit Deduction

When a Dealer lists an Item, the applicable Listing Fee (as determined by the Pricing Schedule based on the Ticket Price) will be automatically deducted from the Dealer's Credit balance. If a Dealer has insufficient Credits, they must purchase additional Credits before listing further Items.

4.3 Non-Refundable Credits

All Credit purchases are final and non-refundable. Unused Credits will not be refunded, redeemed for cash, or transferred to any other account under any circumstances. This includes, without limitation:

1. account closure or termination (whether voluntary or by us);
2. expiry of Credits (if applicable);
3. changes to the Pricing Schedule;
4. removal of Items by the Dealer or by us; and
5. any dispute regarding Items or transactions with Customers.

Nothing in this clause excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted, or modified by agreement.

4.4 Credit Expiry

Credits do not expire provided the Dealer's account remains active. We reserve the right to introduce Credit expiry terms in the future with reasonable notice to Dealers.

5. Listing Fees and Pricing Schedule

5.1 Fee Calculation

Listing Fees are calculated based on the Ticket Price of each Item according to the Pricing Schedule published on the Platform. The Pricing Schedule establishes price brackets, with each bracket corresponding to a specific Credit amount required to list an Item within that price range.

5.2 Pricing Schedule Amendments

We may amend the Pricing Schedule from time to time. Any amendments will be published on the Platform and will take effect for new Listings from the date specified. Existing Listings will not be affected by Pricing Schedule amendments during their current Listing Period.

5.3 Price Increases and Bracket Changes

5.4 Price Decreases

If a Dealer decreases the Ticket Price of a Listing, no Credit refund or adjustment will be made, even if the reduced price falls into a lower price bracket.

6. Item Listings

6.1 Listing Duration

Each Item will remain listed on the Platform for the Listing Period of twelve (12) months from the date of initial listing. At the expiry of the Listing Period, Items will be automatically removed from the Platform. Dealers may be offered the option to relist Items for a further Listing Period, subject to payment of the applicable Listing Fee.

6.2 Dealer Responsibilities

Dealers are solely responsible for:

1. the accuracy and completeness of all Item descriptions, photographs, and other content;
2. ensuring Items comply with all applicable laws, including consumer protection laws and laws regarding the sale of antiques and collectables;
3. holding all necessary permits, licences, or authorisations required to sell listed Items;
4. negotiating and completing sales directly with Customers; and
5. promptly marking Items as sold or removing unavailable Items from the Platform.

6.3 Editing Listings

Dealers may edit their Listings to update information such as descriptions, photographs, and prices, subject to the following conditions:

1. Price increases that result in bracket changes will incur additional Credit charges as set out in clause 5.3;
2. Minor updates and corrections are permitted without additional charge; and
3. Substantial changes are subject to the New Listing Requirement set out in clause 6.4.

6.4 Substantial Changes – New Listing Requirement

If a Dealer makes substantial changes to a Listing such that it effectively represents a different Item, we reserve the right to treat the edited Listing as a new Item and charge the full applicable Listing Fee. Substantial changes include, but are not limited to:

1. replacing all or substantially all photographs with images of a different item;
2. completely changing the Item name or title to describe a different item;
3. rewriting the description to describe a fundamentally different item; or
4. any combination of changes that, in our reasonable opinion, results in the Listing no longer representing the same Item that was originally listed.

This provision exists to ensure the integrity of the Platform and prevent abuse of the listing system. We will endeavour to notify Dealers before applying this provision and provide an opportunity to revert changes where possible.

6.5 Marking Items as Sold

Dealers must promptly mark Items as "Sold" once a sale has been completed. Sold Items may be displayed on the Platform for a limited period (typically seven days) to indicate recent sales activity, after which they will be removed. We reserve the right to remove sold Items at any time.

7. Content Standards and Removal Rights

7.1 Prohibited Content

The following content is prohibited on the Platform:

1. Items that are illegal to sell under Australian law or the law of any jurisdiction where the Dealer operates;
2. stolen property or Items the Dealer does not have the right to sell;
3. counterfeit, replica, or fraudulently described Items;
4. Items containing or derived from protected wildlife species in contravention of applicable laws;
5. Items that infringe any third party's intellectual property rights;
6. offensive, defamatory, obscene, or otherwise objectionable content;
7. content that is misleading or deceptive; and
8. any content that does not comply with our content guidelines as published on the Platform.

7.2 Right to Remove Content

We reserve the right, at our sole discretion and without prior notice, to remove, disable, or restrict access to any Listing or content that we determine does not comply with these Terms, our content guidelines, or our standards. This includes, without limitation:

1. Listings that contain prohibited content;
2. Listings with inaccurate, misleading, or inadequate descriptions;
3. Listings with poor quality or inappropriate photographs;
4. Listings that we reasonably believe breach any applicable law; and
5. any content that may expose us to legal liability or reputational harm.

No refund or Credit will be provided for removed Listings. Where possible, we will notify the Dealer of the reason for removal and provide an opportunity to rectify non-compliance.

8. Transactions Between Dealers and Customers

8.1 Direct Transactions

Curatr is a catalogue platform only. All negotiations, sales, payments, and delivery arrangements are conducted directly between Dealers and Customers. We are not a party to any transaction between a Dealer and Customer.

8.2 No Commission

We do not charge commission or selling fees on completed sales. Dealers pay only the Listing Fee at the time of listing.

8.3 No Liability for Transactions

We are not responsible for and make no warranties regarding:

1. the quality, authenticity, safety, or legality of any Items;
2. the accuracy of any Listing content;
3. the ability of Dealers to sell Items or Customers to pay for them; or
4. the conduct of any Dealer or Customer.

Any disputes between Dealers and Customers must be resolved directly between those parties.

9. Intellectual Property

9.1 Platform Content

All content on the Platform (excluding Dealer-uploaded content) including text, graphics, logos, icons, images, audio clips, digital downloads, and software, is our property or the property of our licensors and is protected by Australian and international copyright, trademark, and other intellectual property laws.

9.2 Dealer Content

Dealers retain ownership of content they upload to the Platform. By uploading content, Dealers grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, adapt, publish, display, and distribute such content for the purposes of operating and promoting the Platform.

9.3 Dealer Warranties

Dealers represent and warrant that they own or have the necessary licences, rights, consents, and permissions to use and authorise us to use all content they upload.

10. Privacy

We collect, use, and disclose personal information in accordance with our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy. Our Privacy Policy complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

11. Limitation of Liability

11.1 Exclusion of Implied Terms

To the maximum extent permitted by law, we exclude all implied conditions, warranties, and guarantees from these Terms. Where any legislation implies any condition, warranty, or guarantee that cannot be excluded, our liability for breach of such condition, warranty, or guarantee is limited, at our option, to resupplying the services or paying the cost of having them resupplied.

11.2 Limitation of Liability

To the maximum extent permitted by law, we will not be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, or other intangible losses, arising out of or in connection with your use of the Platform.

11.3 Maximum Liability

Our total liability to any Dealer in any twelve-month period shall not exceed the amount of Credits purchased by that Dealer in that period.

11.4 Consumer Guarantees

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted, or modified by agreement. For services supplied to consumers within the meaning of the ACL, we guarantee that services will be rendered with due care and skill and will be reasonably fit for their intended purpose.

12. Indemnification

Dealers agree to indemnify, defend, and hold harmless Curatr, its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

1. any breach of these Terms by the Dealer;
2. any Listing or content uploaded by the Dealer;
3. any transaction between the Dealer and any Customer;
4. any violation of applicable laws by the Dealer; and
5. any claim that content uploaded by the Dealer infringes any third party's intellectual property or other rights.

13. Termination

13.1 Termination by Dealer

Dealers may terminate their account at any time by contacting us through the Platform. Upon termination, all Listings will be removed and any unused Credits will be forfeited without refund.

13.2 Termination by Us

We may suspend or terminate a Dealer's account and access to the Platform immediately and without prior notice if:

1. the Dealer breaches any provision of these Terms;
2. we reasonably suspect fraudulent, illegal, or abusive conduct;
3. required by law or order of a court or government authority; or
4. we discontinue the Platform or any part of it.

Upon termination by us for breach, all unused Credits will be forfeited without refund.

13.3 Effect of Termination

Upon termination, clauses 4.3 (Non-Refundable Credits), 9 (Intellectual Property), 11 (Limitation of Liability), 12 (Indemnification), and 14 (Governing Law and Jurisdiction) shall survive.

14. Governing Law and Jurisdiction

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Victoria, Australia. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

14.2 Dispute Resolution

Before commencing any legal proceedings, the parties agree to attempt to resolve any dispute in good faith through negotiation. If a dispute cannot be resolved through negotiation within thirty (30) days, either party may refer the dispute to mediation in accordance with the Resolution Institute Mediation Rules. If mediation is unsuccessful within a further thirty (30) days, either party may commence legal proceedings.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies published on the Platform, constitute the entire agreement between you and Curatr regarding the use of the Platform and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to any third party without restriction.

15.5 Notices

Notices to us should be sent via the contact details provided on the Platform. We may provide notices to you by email to the address associated with your account or by posting notices on the Platform.

15.6 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, government actions, power failures, internet outages, or cyber attacks.

16. Contact Information

For questions or concerns about these Terms, please contact us through the contact form on the Platform or at the contact details published on the Platform.