Terms and Conditions

Last Updated: August 2, 2024

Introduction

Welcome to MyOpal. These Terms and Conditions govern your use of our website and services. By accessing or using our site, you agree to comply with and be bound by these terms.

Acceptance of Terms

By using this site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use our site.

Modifications to Terms

We reserve the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting on our site. Your continued use of the site following the posting of changes constitutes your acceptance of such changes.

User Obligations

You agree to use the site in a manner consistent with all applicable laws and regulations. You must not use the site for any unlawful or prohibited purpose.

Account Registration

To access certain features of the site, you may be required to register an account. You agree to provide accurate and complete information during the registration process and to keep your account information up-to-date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Products and Services

All purchases made through our site are subject to our product and service policies, including pricing, payment, shipping, returns, and refunds. We reserve the right to modify or discontinue any product or service at any time without notice.

Fees, Payments & Refunds

Fees: Upon the sale of an item, the customer will be charged a fee in accordance with MyOpal's fee schedule.
Changes: We reserve the right to change the fees charged for any of our services at any time. New service fees are effective at the launch of the service unless otherwise stated.
GST and Currency: All fees are exclusive of GST and in USD unless otherwise stated.
Review: Before making a purchase, review MyOpal's fees to ensure you are aware of the fees you will incur.
Returns: Returned items must be 100% complete and include all original packaging, materials, accessories, and documentation. Customers are responsible for shipping charges on returned items.

Intellectual Property

All content on the site, including text, graphics, logos, images, and software, is the property of MyOpal or its content suppliers and is protected by applicable intellectual property laws. You may not use any content without our express written permission.

Limitation of Liability

To the maximum extent permitted by law, MyOpal shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the site or services.

Governing Law

These Terms and Conditions are governed by and construed in accordance with the International Law, without regard to its conflict of law principles.

Termination

We reserve the right to terminate or suspend your access to the site, without notice, for conduct that we believe violates these Terms and Conditions or is harmful to other users of the site, us, or third parties, or for any other reason.

Specific Warnings

You must ensure that your access to this Site is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process you employ for accessing the Site does not expose you to risk of viruses or other forms of interference which may damage your computer system.
MyOpal does not warrant to you that the Services will be available at all times or at any specific times.
MyOpal is not responsible in the event a transaction is not processed due to technical difficulties affecting the MyOpal system.
MyOpal does not undertake to retain listings or to retain records of specific transactions.
MyOpal is not responsible for ensuring that warranty obligations are honored.

Copyright

Copyright in this Site (including text, graphics, logos, icons, audiovisual material, and software) is owned or licensed by MyOpal. Other than for the purposes of and subject to the conditions described under the Copyright Act 1968 (C’th) and except as expressly authorized by these terms and conditions, you may not in any form or by any means adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from, any content of the Site; or commercialize any information, products or services obtained from any part of this Site without MyOpal's prior written permission.

Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses, and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors’ fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.

Miscellaneous

System Integrity: You must not use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any auction being conducted on this Site; take any action which imposes an unreasonable or disproportionately large load on the infrastructure of this Site; disclose or share your password to any third parties or use your password for any unauthorized purpose.
General Compliance with Laws: You shall comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Services and any bidding on, listing, purchase, and sale of the Item herein.
No Agency: Nothing herein contained shall constitute or create any relationship of agency, partnership, joint venture, employee/employer, or franchiser/franchisee between MyOpal and any User.
Notices: Any notices shall be given by email. Notices shall be deemed given if sent to the email address provided by the User during registration or by posting such notices on this Site.
Severability: Any provision of this Agreement prohibited by or unlawful or unenforceable under any applicable law shall be severed from this Agreement and rendered ineffective so far as possible without modifying the remaining provisions. Where the provisions of any such applicable law may be waived, they are hereby waived by the parties to the full extent permitted to ensure this Agreement is valid, binding, and enforceable.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out, and the remaining provisions shall remain in force. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. MyOpal's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Do not assume that the practices or conduct of other Users that you observe are necessarily in conformance with their obligations under this Agreement or that you may act similarly. MyOpal does not approve or validate transactions, advice, or communications, and you accept sole responsibility for the legality of your actions under laws applying to you.
MyOpal does not accept any obligation to protect you from any unsafe merchandise, products, or services that may be offered on MyOpal. Do not assume that such items offered will be harmless to people or property.

Governing Law and Jurisdiction

This Agreement is subject to International law. Your access to this site may be terminated by us at any time without notice. Clauses capable of surviving such termination shall do so.

Contact Information

If you have any questions or concerns about these Terms and Conditions, please do not hesitate to Contact Us.