1.1 This Agreement

This Agreement sets out the rights and obligations the User and of All-Rocks in relation to the services offered by All-Rocks.com through the All-Rocks.com site (together "All-Rocks Services"). Registration for the All-Rocks Services is free but by registering for the All-Rocks Services The User becomes a Member and agrees to the terms of this Agreement, and The User re-affirms that agreement every time User use any All-Rocks service. We recommend that the User print a copy of this Agreement and keep it in a safe place, and consult it whenever the User proposes to transact through any All-Rocks service. Be aware that this Agreement may change from time to time in accordance with Clause 1.3 below.

1.2 This Agreement includes:

• the rules which govern the different types of transaction which can be engaged in using All-Rocks Services ("Transactions"), namely our Auction Rules (Schedule 1) and Buying Rules (Schedule 2)

• our Privacy Policy
• any terms and conditions or rules of use set out for clause 2, Other Services, specifically uploaded content, communication with other users and general conduct/use of All-Rocks. 

Together these contain the whole of the agreement between All-Rocks and you concerning All-Rocks Services and they replace all earlier agreements and understandings between All-Rocks and User.

1.3 Changes To Agreement

All-Rocks reserves the right to change this Agreement from time to time, and post the new version on the All-Rocks.com site. User will be notified of any changes to this Agreement on the Home Page of
All-Rocks. Any new version of these Terms and Conditions will take immediate effect, and will govern all activity on or through the All-Rocks Services and the Member's relationship with All-Rocks, commencing 28 + 1 days after the date of such posting or such later date as All-Rocks indicates in the posting. If you do not wish to be governed by the new version of the Agreement, you may notify us within the above period of 28 days, and then from the date when the new version takes effect, you must cease to use any All-Rocks Services. Our Transaction Rules may be changed with more immediate effect, as mentioned in clause 5.1 below. Back

1.4 Place of Performance and Applicable Law. All-Rocks is owned by Gemstones of Australia Pty. Ltd., a company registered in Australia, and operating from 12 Aries Chase, Kurunjang in the State of Victoria 3337, Australia. Every Transaction shall be deemed performed in Australia.The Parties hereto each submit to the non-exclusive jurisdiction of the Australian courts in relation to disputes arising out of this Agreement.

2. OTHER SERVICES

All-Rocks or its affiliates may offer non-Transaction services or benefits ("Other Services") to through the All-Rocks Services. Your use of those Other Services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the All-Rocks Services, any failure by User to comply with a material provision of the terms or rules governing our Other Services will be considered a breach of this Agreement.

3. REGISTRATION

3.1 Registration

User undertakes to register for the All-Rocks Services using your correct name, address and any other requested details. For the purposes of a proposed Transaction, you may be asked to enter details of a credit, debit or charge card; in that event, you must ensure that: a. You are fully entitled to use that card both at the time when you enter its details and when you seek to use it, and

b. you have available sufficient funds to cover all charges incurred on it in the course of your activities on the All-Rocks Services.

If any of the information you enter becomes incorrect or is superseded, then you must update your All-Rocks account before continuing to bid/purchase. This is done by logging in and going to your USER Profile.

Register

3.2 Other Conditions

To enter into any Transaction, user must be legally able to enter into contracts for sale or purchase of the Items in question.

4. PERSONAL DATA AND PRIVACY POLICY

4.1 Use of Personal Data

We will gather, use and disclose personal, contact and payment data you have registered with us in accordance with our Privacy Policy. All-Rocks may use "cookies", or other technical means, to personalise your experience of the All-Rocks Services.

4.2 Privacy Policy

All-Rocks’s Privacy Policy forms part of this Agreement, and by agreeing to these terms and conditions, User also gives consent to the way we may handle User’s personal data as set out in that Policy. All-Rocks will not use this data for any other purpose or disclose it to any other person, unless User gives consent to All-Rocks doing so, either during registration or at some other time. We may however, disclose this data without your consent if we are either compelled to do so by law, or in response to a valid, legally-compliant request by a law enforcement or governmental authority.

We do not store any personal financial information on this site.

4.3 Confidentiality by Members

Unless otherwise agreed with All-Rocks, User agrees not to use any information regarding other Members that is accessible from the All-Rocks Service or disclosed to User by All-Rocks or another Member (for example, using Members' email addresses for the purposes of spamming or harassment) except to enter into and complete Transactions through the All-Rocks Service, or except as otherwise expressly permitted by this Agreement.

4. We will not use User’s images for any other purpose without first seeking User’s permission. Copyright Information.

5. TRANSACTIONS & THEIR RULES

5.1 Our Rules

Our Rules. The All-Rocks Services may offer you the opportunity to participate in the following types of Transaction, governed by its own Transaction Rules:

1. Auction Rules

2. Buying Rules

The descriptions of, methods of participating in, and rules governing each kind of Transaction are set out in the relevant Transaction Rules, referred to above. User must ensure you understand the way that each Transaction works on the All-Rocks Services - by reading and understanding the relevant Transaction Rules - before you participate in any Transaction of that type. As we develop the services we offer, we may change our Transaction Rules from time to time, both to add (or delete) specific types of Transaction, or to alter the way that individual Transactions are conducted. Therefore, you should keep up-to-date with the content of our Transaction Rules.

6. GENERAL TRANSACTION ISSUES

For the avoidance of doubt the general transaction rules also apply to all User content, contributions and postings onto the site or using All-Rocks branded systems offered in our service.

6.1 Relevant Content

The content of statements posted by Sellers in their Listings or otherwise, or by buyers, must be directly relevant to the subject-matter of the Transaction, and not relate to anything else. For example, such statements must not be used as a means of general communication with one or more other Users and may not be used to advertise or promote anything which is not the subject of the specific Transaction.

6.2 Hypertext Links

If User includes a hypertext link to another site in a Listing, the linked site must satisfy this relevancy test; but in any event, you acknowledge that we will be entitled to remove, or require the removal of, any such links at the discretion of All-Rocks. See Seller Standards Help for further information.

6.3 Moderation Service

Via our Moderation service, Registered Users (Members) can comment upon the service they have received from other Members in certain types of Transaction. All such comments must be accurate and fair, and must comply with the requirements of clause 6.6 below.

  6.4 Seller's legal ownership

By including any subject-matter in a Listing (an "Item"), User asserts that it is legally entitled to pass ownership in that Item.

6.5 Accuracy of Listing

User must accurately describe each Item in the Listing User provides for inclusion on the All-Rocks Services and User is liable for any errors or omissions in User’s description. Any brand name or other indication of origin or manufacture which User includes in the Listing must be completely accurate, and not capable of misleading any Member.

  6.6 Prohibitions

As the Seller, User is responsible for ensuring that the sale of any Item, the Listing itself, and all activity or communication (including use of Moderation Service) User makes in connection with any Transaction will not:

a. be capable of infringing the intellectual property or other rights of any person or entity,

b. breach any applicable law, whether criminal, tortious or otherwise, or

c. be offensive, obscene, pornographic, insulting, false, unreliable or misleading.

6.7 Current Trading Sanctions

By way of expansion upon clause 6.6 above, but without limiting its content, unless User has All-Rocks specific consent to do so, User must not endeavour to buy or sell, or advertise for sale in a Listing, any items prohibited by current trading sanctions.

Sanctions will update from time to time, the minimum current requirement rules are determined by the Government of Australia Fair Trading Rules.

6.8 Correct Use of Categories

a. User must place a Listing only in the All-Rocks Services category into which the Item in question naturally fits, and not in any other categories. Where appropriate, and subject to the possible payment of additional charges which may be notified to User at the time, User may be permitted to place a Listing in more than one such category.

b. Currently All-Rocks offers 9 (nine) categories for selling Geological Specimens. This clause will become relevant as the Services expand.

6.9 Seller's Terms and Conditions

It is the Seller's obligations to communicate to actual or potential buyers all of the contractual terms and conditions which apply to any Transaction.

  6.10 All-Rocks Intellectual Property

User acknowledges that all copyright, trade marks, and other intellectual property rights in and relating to the All-Rocks Services are owned by All-Rocks (or its affiliates). User must not use any of those intellectual property rights, or the All-Rocks Services, except to the extent necessary to create Listings, engage in Transactions, and conduct other authorised activities, in the manner anticipated in this Agreement.

7. FEES

7.1 Fees

a. The Seller agrees to pay to us the fees we specify for Listings, for their promotion on the All-Rocks Services (if such promotion is requested by the Seller), and for Transactions. Details of our fees are contained, or referred to, in the relevant Transaction Rules. User acknowledges and agrees that All-Rocks is entitled to alter the amount or the basis of the calculation of its fees from time to time, provided that such amount or basis is clearly stated at the time when the relevant Listing is created.

b. Fees payable for Listings will not under any circumstances be rebated or refunded to the Seller.

  c. Where fees have been paid but a transaction has been voided via mutual agreement within the Moderation Service a credit to this value will be given to the Seller in the following invoice.

   d. All-Rocks may add new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be specified at the time such service is made available. 

e. If the Seller does not pay fees on time, we may suspend or terminate (at our discretion) All-Rocks services provided to User; and/or we may charge late payment fees and collection costs of $20 – collected in the Sellers nominated currency.

f. Current Fees Schedule

7.2 Tax

The prices of all Items must be inclusive of GST/VAT (where GST/VAT is applicable), unless otherwise stated. 

8. All-Rocks’s ROLE

  8.1 All-Rocks's Role

a. All-Rocks is not and cannot be responsible for the behaviour of, or the Items offered for sale or supply by, the Seller - whether it is an individual or a business. All-Rocks has no control over or responsibility for the quality, safety, or legality of Items, the truth or accuracy of Listings, whether the Seller can or will supply and pass good title to any Item, or whether purchasing Members can or will pay for them.

b. All-Rocks will pre-screen Listings or Items included in them and will reserve the right to remove any item for whatever reason we deem fit, as set out in further clauses in Section 8. See Seller Standards Help for further information.

c. All-Rocks is not a party to any Transactions, and only provides the technical means, and a venue, for Transactions to be initiated or conducted. Also, All-Rocks cannot and does not control the completion or validity of Transactions; even though Members are prohibited from doing so, some may provide information, or otherwise behave, in a way that is unreliable, illegal, or in breach of a Members' obligations under this Agreement. Therefore, members should exercise no lesser degree of caution in entering into Transactions - whether as a Seller or buyer - than one would exercise when entering into a similar transaction offline.

8.2 Operation of All-Rocks Services

a. All-Rocks reserves the right to cancel or withdraw Listings, to close Transactions which are conducted through All-Rocks Services early, to extend them, or to terminate entire services, where we have compelling legal or technical reasons to do so, including technical difficulties experienced by All-Rocks, a Seller or on the Internet.

b. Where practical, we shall provide reasonable advance notice to User of any such steps All-Rocks is to take. There may also be times when this site, or others through which All-Rocks Services are offered, become unavailable, whether on a scheduled or unscheduled basis. User acknowledges that All-Rocks are not contractually, or in any other way, bound or required to make available to User any of the All-Rocks Services, or this or any other site.

8.3 Withdrawal of Listings/Transactions

Each Member acknowledges that we are entitled, but not obliged, to withdraw any Listing or Transaction which appears - based on information received from third parties or other Members - to be in breach of this Agreement.

8.4 Misuse of All-Rocks Services

All-Rocks reserves the right to suspend or terminate any Member's account which is or appears to us to be in persistent or material breach of this Agreement, including, without limitation, through the provision of false registration details or other misuse of All-Rocks Services, and to suspend or withdraw all Listings and Transactions associated with such accounts. Any person who holds such a suspended or terminated account must not re-register for All-Rocks Services without our prior consent.

  8.5 Checks of Listings

All-Rocks may from time to time, but has no obligation to, check whether items in any Listing are suspected to have been stolen or of being sold illegally, based on checking against databases maintained by All-Rocks or third parties, law enforcement authorities, or historical data available to All-Rocks.

8.6 Concerns about Listings

Each page where a Listing appears includes a facility for reporting to us legitimate concerns you may have about that Listing - in particular, that the Item(s) appearing there may infringe legitimate intellectual property rights, or other applicable laws. We encourage Members to use that facility.

  8.7 Cultural Heritage Items

It is the responsibility of the User to provide detailed descriptions of and Item that may be determined as a Cultural Heritage Item and should this be determined by All-Rocks or a third party then User must provide proof of ability to sell or trade in such item.

9. All-Rocks’s LIABILITY

9.1

To the extent that the law permits, User releases All-Rocks, its agents, companies, family and employees from all liability arising out of or in connection with any Listing or Transaction, including, without limitation, all claims and demands relating to Listings, uncompleted or completed Transactions, or Items offered for sale or supply, or actually sold or supplied, through or in connection with any Listing or Transaction.

9.2 Reasonable control

All-Rocks shall not be liable for any failure to perform its obligations under this Agreement caused by matters beyond its reasonable control.

9.3 Maximum liability   Without limiting the preceding clause, the liability of All-Rocks under this Agreement, whether arising in negligence or otherwise, will not under any circumstances exceed the greater of

a. $100 or

b. an amount equal to the sums paid or payable by or to User in the Transaction(s) to which such liability relates, regardless of the cause or form of action.

9.4 Non-excluded Liabilities

Nothing in this Agreement limits All-Rocks's liability for death or personal injury resulting from All-Rocks's negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

9.5 Indemnity

  User agrees to indemnify All-Rocks against all liabilities, claims and expenses that may arise from any breach of this Agreement by User or through User’s All-Rocks account.

10. OTHER

  10.1 Assignment

All-Rocks reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement. If we exercise this right, we shall name the assignee or subcontractor on the main screen, www.all-rocks.com and User will be entitled to terminate this Agreement immediately. User may not, without the written consent of All-Rocks, assign or dispose of this Agreement.

10.2 Severability

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable. Severability Meaning

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SCHEDULE 1
Buying Rules

Description of Buying Rules:

a. The rules that apply to each Transaction,”non Auction”, you can engage through all-rocks.

b. the specific types of Buying you can find here.

c. any particular rules that apply to them, and

d. the fees which are payable to all-rocks by Sellers in respect of these transactions.

These rules are binding, and form part of your agreement with all-rocks. Please refer to our Auction Rules for items offered on online auctions.

If you make a purchase, you are acknowledging that you have read, understood and accept these our Rules.

Buying Rules by All-Rocks from time to time, either to add, or delete, specific types of Buying Transaction or products available, or to alter the way that buying or selling is conducted. Therefore, you should keep up-to-date with this content. If you have not offered or purchased an item on Al-Rocks before we encourage you to read these Buying Rules before you make a proceed. Indeed, even if you regularly buy or sell online, you should take the time to read them. By offering items for sale or buying on all-rocks, you indicate that you have done so.

Our Buying Rules should be read in the context of the All-Rocks Terms and Conditions (the "All-Rocks Terms and Conditions"). If there are any inconsistencies between them, then the All-Rocks Terms and Conditions, which express your rights and obligations more completely, will take precedence over these Rules. Terms used in these Buying Rules have the meaning given to them in the all-rocks Terms and Conditions.

  2. Purchases

Items selected for purchase are first added to a "cart system" within your account when you click the BUY NOW purchase option.

a. You may remove any item selected from the cart.

b. Adding to the cart (by Clicking BUY NOW) does not constitute an agreement to purchase, nor does it guarantee the item will be sold to you.

c. Clicking BUY NOW will reserve an item for a period of 10 minutes; unless the order is confirmed via checkout, the item will become available for purchase after this period.

d. A binding agreement to purchase will be created when you "check out" and make payment, the item will then be guaranteed as sold to you.

e. Check out will either be completed by payment or confirming your order to the seller for invoicing.

Once confirmed Purchases will be binding. This means that if a purchase made through your All-Ropcks account (whether by you or someone who uses that account), the purchase may not normally be withdrawn and is legally binding on you. A contract is automatically created between you and the Seller when the checkout process is completed.

2.1 Early Bird Purchasing

During the first 24 hours of any listing availability to purchase will be restricted to Collector account users, thereafter access will be open to anyone for the duration of the listing.

This will apply to Auction "Buy Now" offer but the overall buy now period will cut off after 48 hours. This will not apply to items offered in the Reserve Sales Page.

3. Listings

The placement through your All-Rocks account, whether by you or someone who uses that account, of a Listing of any Items for Sale, becomes legally binding, though Items can be withdrawn by the Seller.

Sellers can request the withdrawal or modification, we will attempt to respond within a reasonable time. Listing charges raised cannot be refunded if a Seller withdraws an item.   

As we state in the All-Rocks Terms and Conditions there may sometimes be circumstances in which we will withdraw a Listing once available on the site if this appears to be in breach of those Terms and Conditions or these Purchasing Rules. In that event, we will inform the Seller and if a purchase is in progress the Buyer of the item in question.

4. Currency

The base currency for any listing will be set by the Seller and amounts due are payable in that currency, other selling currencies can be selected for a purchase and those currencies will then be used for billing/payment at the Seller's discretion. 

Payments can be settled by mutual agreement between Buyer and Seller in any currency.

For your guidance, All-Rocks provides conversions into other currencies based on the latest information available to it.

While All-Rocks makes reasonable efforts to ensure the accuracy of these conversions, the actual cost to a buyer in The Buyer’s own currency will vary according to the exchange rate applied by the buyer's bank or by the issuer of the buyer's credit or charge card. All-Rocks does not take responsibility for any variance between this cost and the quoted conversion figure.

5. Fees

Fees on period listings/sales are calculated in USD. Listings based in other currencies will also have their fees calculated USD. 

After an item is listed the period listing fee is triggered in according to the sellers choice of listing price and duration. This will be due for payment in the next Seller Bill. Whether the item is sold or not.

When an item is sold the sale price triggers the Final Sales fee, and credits the current listing fee.

If there is a billing cycle between listing and sale, the fees system will correctly credit a previous payment onto the most recent calculation.

Current accrued fees, previously invoiced fees are fully itemised and available to view within the Seller's own Seller Fees account.

Fees will not be rebated or refunded, unless the Seller shows to our reasonable satisfaction both

a. that the sale of the Item which was the subject of the transaction failed to complete, and

b. that the failure of the sale to complete did not result from any lack of diligence or breach of its obligations by the Seller. This must be completed within the Moderation Service. Please refer to our Schedule 2 Fees Schedule

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Register

SCHEDULE 2
Fee Schedule

Standard fees Schedule for All-Rocks Sellers as of 1st January 2015 - these fees apply to all listings offered on All-Rocks or via our outreaching Seller Apps/API connections where the transaction is branded by all-rocks.com

Fees:

All fees shown are plus GST for Australian customers

Listing Fees

Auction Listing Fees are charged when Item is Listed based on value of Item listing start price or Reserve Price whichever is higher.

Auction Listing Fees

Highest of Auction Start Price or Reserve Price (SP/RP)

Fixed Price Listing Fees Priced by Listing Duration

Sales Commission - Based of Final Sales Price

We have a simple 2 tier sales commission.

All Charges calculated in USD Invoiced in Australia and payable on lodgement and commissions will be payable on completion of Final Sale.

Tariffs Exclude GST Rules Apply As Follows.

 Australia sellers will have 10% GST Added.

Register

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SCHEDULE 3
Privacy Policy

All-Rocks Privacy

At all-rocks.com (All-Rocks), we are committed to protecting the privacy and security of our customers and site visitors, including you.

We fully appreciate and respect the importance of data privacy and security on the Internet.

We believe you should feel both informed and empowered when it comes to our handling and usage of your information.  This notice therefore explains:

a. What information we collect when you’re using the All-Rocks website and our websites, https://www.openallday.com.au or

https://www.gemstonesofaustralia.com.au or when you’re communicating with us,

b. Why we collect that information

c. How we may then use that information

d. How we share that information

e. How long we keep your information, and how we protect it whilst we have it

f. What we won’t do with your information, and

g. What choice and options you have to control your information.

So you only need to look in one place to find out all you need to know, this notice covers all All-Rocks websites, apps and services.

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1. Collection & Use of Personal Data

1.1 When you visit All-Rocks

At each site visit our servers temporarily store access data in a protocol file.

The data is logged automatically:

a. The originating IP address of the visitor

b. Date and time - arrival/departure

c. Entry URL (Landing Page)

d. Referring  website or search engine

e. Pages visited

f. Device operating system and the browser used

g. Country

h. Internet Service Provider

This data is collected anonymously and analysed for statistical purposes being used for

a. Running site services, such as page counts

b. Communication with users through page content

c. Network and server optimisation

d. Marketing and other business evaluation

e. Web Analysis - via Google Analytics

f. Detection and prevention of improper use, such as Denial of Service attack

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1.2  User Account Registration

At registration a customer account is created by the user is obliged to provide the following data in their own name

• e-mail address, created user name

• Password

• Address

 Other data is collected on a voluntary basis but stored in the same manner

This data is necessary for:

• User verification

• User's contractual obligation

• Creating and executing contractual relationships between All-Rocks and its other users

• Communication with All-Rocks and other users

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1.3 Registration for Chargeable Services

In order to use payment services on All-Rocks we need the following:

• Company Name (in Australia)

• Business phone number

• Mobile Phone Number

• Receiving PayPal address (Seller)

• GST or VAT Number if applicable

Everything else from registration is voluntary

2. Passing Data to Third Parties

We will not pass on your data unless we have requested and received your agreement;  this is limited by any requirement in Law or necessary for the assertion of our rights, contractual or otherwise.

3. Right to Access, Correct & Delete Personal Information

All personal data is accessible at any time via User Login, or if applied for in writing with acceptable authentication.

Modification or deletion of data is managed through the User Login or by applying in writing.

Deletion of your account would make it impossible to use All-Rocks.

Under our Terms & Conditions if you have provided content or purchased/sold through All-Rocks this data is excluded from deletion, this may include elements of your personal data, e.g. a Username, invoice address related to purchase. Visibility of this type of information is restricted to parties in a contract that exists outside of our Privacy Policy.

4. Data security

 All-Rocks protects user and other data through its technical and operational service provision. Our security measures are continuously monitored and updated, by us and our network providers .

On registration, all user accounts are only accessible using a personal password. It is the responsibility of the users to keep passwords secure at all times.

All-Rocks does not store any passwords.

All-Rocks does not store any Debit, Credit or executable Bank payment information, and via our Merchant Services provider PayPal Merchant Services.

5. Cookies

Cookies are used on All-Rocks to benefit your experience with us.

Simply put Cookies contain data which your web browser automatically stores on your device when you visit our website, for example this data enables your browser to remember page layouts or drop down menus; they save you time and do not damage or transmit any personal data.

Before any Cookies are placed on a User’s device, a pop up message is presented asking if we can set the Cookies. Users can say no but with the understanding that certain features of All-Rocks will not function as intended.

Usually Internet browsers accept cookies automatically as default, but can be configured so that no cookies are stored or a warning is given when a new cookie is received.

All-Rocks works best if you have our Cookie activated.

6. Keeping Your Information

We will hold on to your information for as long as you have your account, or as long as is needed to be able to provide All-Rocks services to you, or (in the case of any contact you may have with us) for as long as is necessary to provide support-related reporting and trend analysis only.

If reasonably necessary or required to meet legal or regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions, we may also keep hold of some of your information as required, even after you have closed your account or it is no longer needed to provide the services to you.

7. Contact

Questions about data privacy on All-Rocks or our services, or information/deletion requests should be addressed to Gerald Pauley, sales@gemstonesofaustralia.com.au

8. Validity & Changes to our Privacy Policy

Our data privacy policy is currently valid and dated from 23rd August 2023.

We will update and notify all users if there are material changes to this policy through the development of All-Rocks online services or further changes in Law.

Register

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SCHEDULE 4
Auction Rules

Auction Rules

1. Introduction

These Auction Rules describe:- (a) the rules that apply to each auction Transaction ("Auction") in which you can engage through the All-Rocks Services; (b) the specific types of Auction you can find here; (c) any particular rules that apply to them, and (d) the fees which are payable to All-Rocks by Sellers in respect of Auctions.

These Auction Rules are legally binding, and form part of your agreement with All-Rocks.

Please refer to our Buying Rules for items offered via fixed price (non auction) buying and selling.

If you participate in an Auction, you are acknowledging that you have read, understood and accept these Auction Rules.

We may change these Auction Rules from time to time, either to add (or delete) specific types of Auction, or to alter the way that individual Auctions are conducted. Therefore, you should keep up-to-date with their content. If you have not often participated in a type of Auction you find on All-Rocks, then we encourage you to read these Auction Rules before you take part. Indeed, even if you regularly buy or sell by Auction, you should take the time to read them. By taking part in an Auction, you indicate that you have done so.

These Auction Rules should be read in the context of the All-Rocks Terms and Conditions "All-Rocks Terms and Conditions"). If there are any inconsistencies between them, then the All-Rocks Terms and Conditions, which express your rights and obligations more completely, will take precedence over these Auction Rules. Terms used in these Auction Rules have the meaning given to them in the All-Rocks Ts and Cs.  

2. Bids

Bids placed in all Auctions will be binding. This means that if a bid is placed in an Auction through your All-Rocks account (whether by you or someone who uses that account), the bid may not be withdrawn and is legally binding on you. If your bid is successful, a contract is automatically created between you and the Seller when the Auction closes.

You must not bid in a way that is manipulative of an Auction. In particular, if you are the Seller, you may not bid in your own Auction, whether through your own All-Rocks account, or through another Member's account.

Owing to the vagaries of internet connectivity, it is the receipt by the All-Rocks system of the relevant bid which will constitute the bid, not the despatch of the bid from the Member's computer or other device. All-Rocks will use its reasonable endeavours to process bids which are placed, but does not guarantee that each individual bid will necessarily be submitted.

3. Listings

The placement through your All-Rocks account (whether by you or someone who uses that account) of a Listing of any Items for inclusion in an Auction, becomes legally binding, and may not be withdrawn or changed, after the item has been posted and confirmed by you the Seller.

Sellers can request the withdrawal or modification of an Item if there is good reason, we will attempt to respond within a reasonable time. We cannot accept such requests in the last 12 hours of any auction.  

Nonetheless, as we state in the All-Rocks Ts and Cs, there may sometimes be circumstances in which we will withdraw a Listing, even during the course of an Auction, which appears to be in breach of those Ts and Cs or these Auction Rules. In that event, we will inform the Seller and, sometimes, where an Auction is being conducted based on that Listing, one or more Members participating in that Auction, of the withdrawal in question.

4. Currency

The base currency for each Auction conducted will be in United States Dollars (USD), and amounts due are payable in that currency, other selling currencies can be selected for an auction and those currencies will then be used for billing/payment at the Seller's discretion. 

Payments can be settled by mutual agreement between Buyer and Seller in any currency.

For your guidance, All-Rocks may provide conversions into other currencies based on the latest information available to it.

While All-Rocks makes reasonable efforts to ensure the accuracy of these conversions, the actual cost to a buyer in his/her own currency will vary according to the exchange rate applied by the buyer's bank or by the issuer of the buyer's credit or charge card. All-Rocks does not take responsibility for any variance between this cost and the quoted conversion figure.

5. Fees

Auctions conducted in United States Dollars (USD) and fees thereon are itemised in USD. Auctions based in other currencies will also have their fees calculated and itemised in USD.

All fees are invoiced and payable in United Kingdom Pounds (UKP). Invoices are raised and due monthly on first day of each month following a transaction. The Exchange Rate for invoices is set by the European Central Bank Rate on Invoice Date.

After the Auction has closed, after the winning bid has been submitted or after such other event that triggers payment as stated here, we will charge the relevant fees to the Seller, using the details we hold for the Seller. We reserve the right to charge accumulated fees on a monthly or other regular basis.

Current accrued fees, previously invoiced fees are fully itemised and available to view within the Seller's own account.

Fees will not be rebated or refunded, unless the Seller shows to our reasonable satisfaction both (a) that the sale of the Item which was the subject of the Auction failed to complete, and (b) that the failure of the sale to complete did not result from any lack of diligence or breach of its obligations by the Seller. This must be completed within the Moderation Service.

Fees Schedule

Please refer to our See Schedule Fees Schedule

6. Types of Bids in Auctions

There are three different ways to participate, as a buyer, in an Auction: Auction bid.

This is the typical method of participating in an online or offline auction, where the highest bid received at the end of the auction will succeed, provided that bid exceeds the reserve price and any other criteria which apply to the Auction.

Bidding on All-Rocks works via an automated Proxy Bidding system.

You enter your maximum bid and All-Rocks bids on your behalf an amount enough to equal the reserve price (if the seller has set a reserve) or to beat the high bidder's maximum bid, whichever is higher. Your maximum amount is kept confidential from other bidders and the seller. The system never places a bid for you which is higher than your maximum bid.

How bidding on All-Rocks works:

• When you place a bid, you enter the maximum amount you're willing to pay for the item. The seller and other bidders won't know your maximum bid amount.

• All-Rocks places bids on your behalf starting with the bid increment (see Section 7) for the auction. The system will bid as much as necessary to make sure that you remain the highest bidder and keep adding bids bidding for you until the auction reaches your maximum amount.

• If another bidder has placed the same bid before you or a higher maximum bid, an email will let you know that you've been outbid so that you can place another bid if you want. However, if no other bidder has a higher maximum bid at the end of the auction, you win the item even if your bid doesn't go as high as your maximum bid.

• Your maximum bid is kept confidential (until it is exceeded by another bidder). To see the automatic bids in an auction, go to the item page and look at bid history.

A Delayed bid This method of participation has been designed to allow Members to participate at the closing stage of an auction without having to be logged on at that time.

A Delayed Bid must be registered three hours before the scheduled close, and conform to all the conditions of a normal bid. The Delayed bid will be automatically entered at the beginning of the auction closing sequence.

Because you will not be present at this time the Auction system will automatically place your bid one increment above the highest bid price (assuming your bid is still higher than this level.) If another bidder bids again, your level will automatically increase in standard bids increments until either the Auction closes with you as the highest bidder or you are outbid.

If you choose you may compete at the closing stage of the Auction using normal bidding, you may not reduce your Delayed Bid amount once it has been placed.

If there are one or more Delayed bids entered, the Auction highest bid level will automatically rise to one increment above the bid of the second highest Delayed bid when they are placed.

If the auction price rises above a set Delayed bid this will no longer be active in the auction, an outbid message will be sent and it will be possible to increase the bid (if in time rules) or bid another way.

“Buy Now” bid

Members can alternatively make a “Buy Now” purchase. This will only be possible where the Seller has specified the price (the "Buy Now price") for which the Auctioned Item is for sale outright - as an alternative to waiting to sell to the member who has made the highest bid at the scheduled close of the Auction.

A “Buy Now” bid is an agreement on the part of the buyer to purchase the relevant Auction Item for the published “Buy Now” price. It is not a bid which can be exceeded by another person's bid and it is the first person that places the bid that is entitled to buy that Item.

"Buy Now" purchases are covered specifically under our Buying Rules

Once a “Buy Now” bid is made, the Auction for the relevant Item will close for 10 minutes, though other Auction bidding on that Item will be possible during this time. If after 10 minutes the item purchase is not completed the "Buy Now" purchase will time-out and the item become available again.

“Buy Now” Offers will be open on Seller Items where they have posted this option and only available during the first 48 hours of the Auction being open for bidding.

During the first 24 hours availability to purchase will be restricted to Collector account users, thereafter access will be open to anyone until 48 hours are up.

Please read on to find out more about how our Auctions, and these different ways of participating in them, work. 7 Bid Increments

All bids in all auctions are set in whole currency units - The bidding system will not accept bids in smaller amounts. 

8. Auction Procedures

Auctions will continue until a specified time after the start of the Auction.

At the end of the Auction at the time specified the Auction will begin its closing sequence.

• Any Delayed bids will be added to the Highest Bid

• The Auction will accept bids until 10 minutes after the published Close Time has elapsed unless,

•  A further bid is entered, then the auction will accept bids until 10 minutes have elapsed after the time of the further bid.

• This process will repeat until 10 minutes has elapsed after which ever is the later, Close Time plus 10 elapsed minutes or last bid plus 10 elapsed minutes.

• At this time the Auction will be deemed as having closed.

If the reserve price is exceeded, and unless a “Buy Now” purchase has been made of the Auctioned Item (see below), it is the highest bid which has been received at the scheduled end time of the Auction which will succeed.

The auction rule of price first, time second applies. Some details:-

• The person who bids the highest price wins - as long as that highest bid is equal to or higher than the reserve price the Seller has set. The reserve price is the minimum price the Seller is willing to accept for the Item.

• Once a “Buy Now” purchase is made of an Item, then the Auction of that Item will close. If a “Buy Now” purchase is made, then all other bids for the Auction Item in question will lapse. The previous highest bidder for the Auction Item in question will be notified by email* that the Item has been sold to a “Buy Now” purchaser.

• If there is a tie as to the price bid, then the first bid to be received on the All-Rocks system wins.

• If more than one attempt to “Buy Now” is made for any Auction Item, then it will be the first such “Buy Now” purchase received by the All-Rocks system which will succeed.

9. Reserve Price

Any item may be set with a reserve price.

A reserve price is a hidden minimum price at which a seller is willing to sell, so if a reserve price has not been met once the auction ends, the item is not sold.

If a bid placed is lower than a reserve price, this will display immediately (Reserve Not Met), however the bid will increment the auction price.

If a proxy bid is placed equal to or higher than a reserve price, the bid will be set to equal the reserve price with the message (Reserve Met). The difference in proxy bid above the reserve price will be stored and private.

If a Delayed bid is set it will be placed at the end of normal auction time and will be matched to the Reserve Price and one of the rules above will apply, depending on whether or not the reserve is met.

If a reserve price has not been met once the auction ends, there is a seller option to automatically list the item in the Reserve Sales Page.

9.1 Reserve Sales Page

The Reserve Sales Page automatically lists items with a reserve price greater than $10 at the end of any auction.

The seller will decide if this option is made available at the time of listing the auction.

The Reserve Page stores and displays all items with an instant check out Buy Now facility.

The Reserve Sales Page items are available to all users - no Early Bird rules apply - the available period is 28 days from listing.

(There is no additional charge for this)

Our Buying RulesBuying Rules apply to Reserve Sales Page listings.

10. Emails

The All-Rocks system can provide automated emails for the convenience of Buyers and Sellers. Certain emails are mandatory but Buyers can opt to not receive certain emails through their user profile.

10.1 Seller Emails

The system will provide you with confirmatory emails for the following:

• Acceptance of your item into an Auction listing

• When an item has sold (“Buy Now” or highest Bidder)

• Pro-forma invoice with Buyer details and costs of item sold – for forwarding to Buyer

• Question from potential Buyer

10.2 Buyer Emails

The system will provide you with confirmatory emails for the following:

• Notification of acceptance of your bid.

• Notification of winning Bid or “Buy Now” purchase.

• Answer from potential Seller

Optional Emails that can be switched off in Member Profile:

• Outbid by another Member

• Delayed Bid Outbid by another Member

11. Auction Clock

Auctions start continue and finish in accordance with time controlled by the Auction system clock on All-Rocks servers.

During the auction process for example when a live countdown clock is presented, some timing function is devolved to the User's browser.

All-Rocks will synchronise all timing frequently with all browsers, however we are not responsible for variations or inaccuracy to relative time measured by the User's device clock.

All-Rocks countdown clock will function if our Cookie has been disabled, subject to the caveat above.

(For more information on Cookies see Section 5 of our Privacy Policy Privacy Policy.) 12. Bid Retraction

Bids must always be considered carefully - all bids on All-Rocks are binding - retractions are rarely allowed.

There is no bid retraction in “Buy Now” purchases. Once a purchase is confirmed, an obligation is made to pay the Seller.

12.1 Exceptional Circumstances Only

There are, however, a few exceptional circumstances (described in the Terms & Conditions Terms & Conditions) under which a bid may be retracted. These are if:

• A typographical error has been made or the wrong bid amount entered. For instance, a bid £9950 instead of £995. If this happens, the Member must re-enter the correct bid amount immediately after the retracted bid. If another bid is not placed, the retraction will be in breach of All-Rocks policy and could result in your suspension.

• The description of an item you have bid on has changed significantly.

• Someone has bid on an item illicitly using your User ID and password.

12.2 Timing Rules

The rules about retracting bids, depend on when the bid was originally placed.

Before the last 12-hours of the listing: You may retract that bid before the last 12-hours, if your situation meets the above description of exceptional circumstances.

You will not be allowed to retract that bid during the last 12-hours of the listing.

When you retract a bid before the last 12 hours of a listing: you will eliminate all bids you have placed on that item. If you are correcting a bidding error, you will have to bid again.

If you place a bid during the last 12-hours of the listing: You may retract the bid only within one hour after placing the bid, and if your situation meets the exceptional circumstances description.

When you retract a bid within the last 12 hours of the listing: You will eliminate only the most recent bid you placed. Bids you placed prior to the last 12 hours will not be retracted.

If you are not allowed to retract your bid during the last 12-hours of the listing, you may contact the seller to request that your bid be cancelled. The seller will have the discretion whether to cancel your bid.

Bids may not be retracted within the last hour of an Auction.

12.3 Accountability

All-Rocks will monitor bid retractions. Abuse of this feature may result in the suspension of an account.

12.4 How to Retract a Bid

To retract a bid, use the Contact Administrator form on the Item Auction page.

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SCHEDULE 5
Copyright

All-Rocks Intellectual Property

User acknowledges that all copyright, trade marks, and other intellectual property rights in and relating to the All-Rocks Services are owned by All-Rocks (or its affiliates). User must not use any of those intellectual property rights, or the All-Rocks Services, except to the extent necessary to create Listings, engage in Transactions, and conduct other authorised activities, in the manner anticipated in this Agreement.

Copyright and posting on All-Rocks

By submitting your images/content on All-Rocks you are agreeing to the following:

1. User can confirm that User owns the copyright or have permission to post each image User posts on All-Rocks. Using images/content created by other people may be infringing copyright and it is User’s responsibility to check first, and liability rests with User if any copyright issues arise.

2. User retain the copyright to User’s content and agree that’s we may feature User’s content in whole or in part on All-Rocks or All-Rocks content posted on other media.  

3. User’s images and content remain on permanent loan to All-Rocks therefore cannot be deleted if User closes account or otherwise membership ceases with All-Rocks, and,

4. We will not use User’s images for any other purpose without first seeking User’s permission.

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Schedule 6
Sellers Help

For assistance please contact us sales@gemstonesofaustralia.com.au

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Schedule 7
Bidding Increments

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SEVERABILITY

In law, severability refers to a provision in a contract or piece of legislation which states that if some of the terms are held to be illegal or otherwise unenforceable, the remainder should still apply. Sometimes, severability clauses will state that some provisions to the contract are so essential to the contract's purpose that if they are illegal or unenforceable, the contract as a whole will be voided.

Wikipedia Reference: Severability

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